[00:00.000 --> 00:06.000]  The following newsflash is brought to you by the Lone Star Blowdown, providing the daily
[00:06.000 --> 00:13.000]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.000 --> 00:21.000]  into the tides of the alternative.
[00:21.000 --> 00:26.000]  Markets for Friday, the 4th of November, 2016, are currently trading with gold at $1,304.10
[00:26.000 --> 00:33.000]  an ounce, silver $18.41 an ounce, Texas crude $44.66 a barrel, and Bitcoin is currently
[00:33.000 --> 00:41.000]  sitting at about $697 U.S. currency.
[00:41.000 --> 00:45.000]  Today in history, the year 1952, the United States government establishes the National
[00:45.000 --> 00:50.000]  Security Agency, or NSA, an intelligence organization of the United States government
[00:50.000 --> 00:54.000]  responsible for global monitoring, collection, and processing of information and data for
[00:54.000 --> 00:57.000]  foreign intelligence and counterintelligence purposes.
[00:57.000 --> 01:03.000]  The NSA was established today in history.
[01:03.000 --> 01:08.000]  In recent news, WikiLeaks just dumped part 30 of Hillary Clinton's campaign manager,
[01:08.000 --> 01:13.000]  John Podesta's hacked emails, bringing the total thus far to over 47,000.
[01:13.000 --> 01:17.000]  Julian Assange, who still is essentially on house arrest at the Ecuadorian embassy in
[01:17.000 --> 01:21.000]  London, gave an interview with Russia Today where he claims that the outcome of next Tuesday's
[01:21.000 --> 01:25.000]  presidential election between Donald Trump and Hillary Clinton has already been decided,
[01:25.000 --> 01:31.000]  saying, quote, because he has had every establishment off his side, Trump does not have one establishment,
[01:31.000 --> 01:35.000]  maybe with the exception of the evangelicals, if you can call them an establishment.
[01:35.000 --> 01:40.000]  Banks, intelligence, arms companies, foreign money, et cetera, are all united behind Hillary
[01:40.000 --> 01:44.000]  Clinton and the media as well, media owners and the journalists themselves.
[01:44.000 --> 01:49.000]  This is days after political activists discovered a hidden website for WRCB, an NBC affiliate
[01:49.000 --> 01:54.000]  out of Chattanooga, Tennessee, showing election results with Hillary Clinton securing 343
[01:54.000 --> 01:57.000]  electoral votes and 42 percent of the popular vote.
[01:57.000 --> 02:01.000]  Hillary, her campaign and the media are accusing Russia for the hacking of tens of thousands
[02:01.000 --> 02:04.000]  of emails that WikiLeaks has dumped out in the past weeks.
[02:04.000 --> 02:08.000]  However, Julian Assange has vehemently denied any involvement from the Kremlin.
[02:08.000 --> 02:12.000]  A majority of Hillary's hacked emails that have been released via WikiLeaks since March
[02:12.000 --> 02:21.000]  2016 can be searched through at WikiLeaks.org forward slash Clinton dash emails.
[02:21.000 --> 02:26.000]  CBS News reported earlier today that U.S. intelligence agencies have alerted joint terrorism
[02:26.000 --> 02:30.000]  task forces that al Qaeda could potentially be planning terrorist attacks in New York,
[02:30.000 --> 02:34.000]  Texas and Virginia for Monday, the day before the election, though no specific cities and
[02:34.000 --> 02:35.000]  landmarks are mentioned.
[02:35.000 --> 02:39.000]  Counterterrorism spokespersons have stated that as the election day nears, federal law
[02:39.000 --> 02:43.000]  enforcement is planning for several worst case scenarios, while earlier this week an
[02:43.000 --> 02:48.000]  alert warned local police of polling places being seen as attractive targets for lone
[02:48.000 --> 02:53.000]  wolf type of attacks by individuals motivated by violent extremist ideologies such as sovereign
[02:53.000 --> 02:54.000]  citizens.
[02:54.000 --> 03:22.000]  This was Brooke Rhodey with your Lowdown for November 4th, 2016.
[03:22.000 --> 03:24.000]  Well, howdy, howdy, everyone.
[03:24.000 --> 03:33.000]  This is Randy Kelton with Rue La Radio on this Friday, the 18th day of November, 2016.
[03:33.000 --> 03:35.000]  We have the call lines open.
[03:35.000 --> 03:37.000]  They will be open all night.
[03:37.000 --> 03:45.000]  So if you have a question or a comment, give us a call, 512-646-1984.
[03:45.000 --> 03:51.000]  Okay, I'm going to start out with a little interesting day on Thursday.
[03:51.000 --> 04:00.000]  I finally got to get to the grand jury in Weiss County, Texas, the county that I live
[04:00.000 --> 04:01.000]  in.
[04:01.000 --> 04:08.000]  It's a county about 30 miles northwest of Fort Worth, and I filed first degree felony
[04:08.000 --> 04:16.000]  aggravated assault charges against my local district judge because he had a bailiff touch
[04:16.000 --> 04:17.000]  me.
[04:17.000 --> 04:29.000]  It had been a long time trying to work out how to take control of the legal system back
[04:29.000 --> 04:36.000]  from those we have working for us implementing the legal system.
[04:36.000 --> 04:46.000]  We have, as a group, the public has pretty well been disenfranchised, and I'm struggling
[04:46.000 --> 04:49.000]  trying to fix that.
[04:49.000 --> 05:00.000]  And over the last 30 years or so of looking for a remedy to the problem of out of control
[05:00.000 --> 05:05.000]  public officials, it's pretty well come down to grand juries.
[05:05.000 --> 05:19.000]  Grand juries were a remedy our founders put into place, and turns out it works extremely
[05:19.000 --> 05:20.000]  well.
[05:20.000 --> 05:27.000]  The problem is getting to them, and getting that, at least in Texas, I'm getting that
[05:27.000 --> 05:29.000]  sorted out.
[05:29.000 --> 05:41.000]  The county that I live in is in the process of developing a policy that will allow people,
[05:41.000 --> 05:53.000]  will give people a method or protocol to bring notice of crime to grand juries.
[05:53.000 --> 06:00.000]  And that's because, in this case, I've spent a lot of time with my local district attorney,
[06:00.000 --> 06:07.000]  and I actually have a district attorney that seems to have his moral center in place.
[06:07.000 --> 06:16.000]  He really does seem to want to do the right thing, and he's looked at the law, brought
[06:16.000 --> 06:27.000]  him below concerning these issues and some very sophisticated arguments on and presentations
[06:27.000 --> 06:34.000]  about how the law should be administered as concerns grand juries, and he's pretty well
[06:34.000 --> 06:39.000]  agreed with just about everything I put in front of him.
[06:39.000 --> 06:46.000]  And because of that, he stood back, stepped aside, and let me give these complaints directly
[06:46.000 --> 06:52.000]  to a grand jury, because this is what the law actually allows.
[06:52.000 --> 06:55.000]  So I got a set of criminal complaints.
[06:55.000 --> 07:01.000]  The first one is against the district attorney, I'm sorry, district judge.
[07:01.000 --> 07:11.000]  I went to the court for the purpose of challenging the grand jury pool.
[07:11.000 --> 07:21.000]  We have a statute 19.27 that says that anyone may challenge a grand jury pool prior to impoundment
[07:21.000 --> 07:23.000]  and not thereafter.
[07:23.000 --> 07:28.000]  So I gave him notice I was coming for the purpose of challenging the grand jury pool.
[07:28.000 --> 07:35.000]  Well, I guess the judge thought that what I was doing was just frivolous and a waste
[07:35.000 --> 07:36.000]  of his time.
[07:36.000 --> 07:44.000]  So he impounded the grand jury without giving me opportunity to challenge the pool.
[07:44.000 --> 07:54.000]  When he stepped down off the bench after he had closed the hearing, I instructed him that
[07:54.000 --> 08:03.000]  I was there and had given notice to his secretary, which in this case happens to be his wife,
[08:03.000 --> 08:07.000]  and the district attorney that I was there to challenge the grand jury pool, and he failed
[08:07.000 --> 08:17.000]  to provide me opportunity, and directed him to reconvene the grand jury pool, disband
[08:17.000 --> 08:29.000]  the grand jury, reconvene the pool, give me opportunity to challenge the pool, then re-impound
[08:29.000 --> 08:30.000]  the grand jury.
[08:30.000 --> 08:38.000]  Well, as you might guess, he was not up for that and told me that I would have to follow
[08:38.000 --> 08:47.000]  the correct procedure, and I instructed him that the statute does not prescribe a procedure.
[08:47.000 --> 08:57.000]  And as much as he's acting under his oath, it was his duty to provide me with opportunity
[08:57.000 --> 09:04.000]  to exercise the statutory right contained in 19.27.
[09:04.000 --> 09:09.000]  And he said, I just have to use the correct procedure.
[09:09.000 --> 09:15.000]  And I told him that, well, I guess we'll just have to see what Travis County thinks
[09:15.000 --> 09:16.000]  about that.
[09:16.000 --> 09:22.000]  And from that remark, he accused me of threatening him and ordered the plaintiff to arrest me.
[09:22.000 --> 09:24.000]  He was pretty ticked off by then.
[09:24.000 --> 09:33.000]  And I have it from good authority that the county judge doesn't like me, respects me,
[09:33.000 --> 09:35.000]  but doesn't like me.
[09:35.000 --> 09:42.000]  The county attorney kind of likes me, but he's afraid of me.
[09:42.000 --> 09:50.000]  District attorney likes me and respects me, but the district judge hates me.
[09:50.000 --> 09:53.000]  Wow, hurt my feelings.
[09:53.000 --> 09:58.000]  Well, that was part of the source of his consternation.
[09:58.000 --> 10:04.000]  I've hammered this judge a time or two, and he's one of these guys that likes to feel
[10:04.000 --> 10:06.000]  important.
[10:06.000 --> 10:14.000]  And I never treated him with the kind of deference I believe he felt like he had some kind of
[10:14.000 --> 10:18.000]  right to, so he hated me.
[10:18.000 --> 10:25.000]  And he acted improperly, had the bailiff actually come over and put his hand on my arm.
[10:25.000 --> 10:30.000]  And when I asked the bailiff, when I mentioned that the bailiff is wearing a loaded pistol
[10:30.000 --> 10:38.000]  and asking, wearing a pistol and then asking me if it was loaded, the judge got the idea
[10:38.000 --> 10:44.000]  that I had something else going on, so he decided maybe it was a bad idea to arrest
[10:44.000 --> 10:48.000]  me, so he told the bailiff to stand down.
[10:48.000 --> 10:55.000]  Sorry, Bubba, that bail's already been wrung.
[10:55.000 --> 11:01.000]  Apparently, he had never read 2202 B2A Texas Penal Code.
[11:01.000 --> 11:08.000]  The code says that if someone commits a simple assault as defined by 22.01 Texas Penal Code,
[11:08.000 --> 11:16.000]  offensive touching, offensive speech, and is prominently displaying a deadly weapon
[11:16.000 --> 11:21.000]  at the time, that's a felony of the third degree.
[11:21.000 --> 11:25.000]  I'm sorry, a felony of the second degree.
[11:25.000 --> 11:33.000]  Unless the person is a public official acting under the color, meaning pretense of an official
[11:33.000 --> 11:36.000]  capacity, in which case it's a felony of the first degree.
[11:36.000 --> 11:50.000]  It was intended by our legislators that when a public official authorized to prominently
[11:50.000 --> 12:06.000]  display a deadly weapon takes an action against a citizen, that he be extremely careful because
[12:06.000 --> 12:13.000]  the fact that he is allowed to prominently display that deadly weapon puts the citizen
[12:13.000 --> 12:22.000]  at serious risk, especially at risk of not being able to enforce his personal statutory
[12:22.000 --> 12:25.000]  and constitutional rights.
[12:25.000 --> 12:31.000]  They made it a first degree felony if that public official abused his authority.
[12:31.000 --> 12:34.000]  Well, the bailiff didn't abuse his authority.
[12:34.000 --> 12:38.000]  The bailiff acted in good faith reliance on competent authority.
[12:38.000 --> 12:41.000]  It was the judge who abused his authority.
[12:41.000 --> 12:47.000]  The judge committed aggravated assault against me, but the deadly weapon he used was the
[12:47.000 --> 12:49.000]  bailiff.
[12:49.000 --> 12:56.000]  So I made that complaint and I made that argument pretty much the way I presented it here.
[12:56.000 --> 13:01.000]  But then I told the grand jury that I really didn't want the judge indicted.
[13:01.000 --> 13:08.000]  And it wouldn't make any difference if they did because all these guys protect each other.
[13:08.000 --> 13:15.000]  And if they indicted the judge, a district judge would be appointed to hear the case
[13:15.000 --> 13:21.000]  and he would promptly dismiss it no matter what I had in it because that's what they
[13:21.000 --> 13:23.000]  do.
[13:23.000 --> 13:29.000]  But the fact that it is presented to this grand jury is a fact that every judge in
[13:29.000 --> 13:33.000]  the state of Texas will know about.
[13:33.000 --> 13:38.000]  So whether I get him indicted or don't get him indicted, I really don't care.
[13:38.000 --> 13:46.000]  The fact that he was presented to a grand jury, even if it was just by documentation,
[13:46.000 --> 13:55.000]  because in Texas, like most other states, a private citizen may not present to a grand
[13:55.000 --> 14:01.000]  jury unless the grand jury requests that he do so.
[14:01.000 --> 14:07.000]  The prosecutor will tell you that only a prosecuting attorney can present to a grand
[14:07.000 --> 14:09.000]  jury.
[14:09.000 --> 14:15.000]  Present as opposed to give notice of crime.
[14:15.000 --> 14:18.000]  Anyone can give notice of crime.
[14:18.000 --> 14:27.000]  But present in this circumstance is a term of art and it refers to a formal presentation
[14:27.000 --> 14:29.000]  to the grand jury.
[14:29.000 --> 14:35.000]  Now, you can't do that as a matter of right, but you can do that if you're invited to do
[14:35.000 --> 14:36.000]  so.
[14:36.000 --> 14:46.000]  I did that once in Johnson County and presented the district attorney to the grand jury.
[14:46.000 --> 14:52.000]  They did not indict, but that was about five, six years ago.
[14:52.000 --> 14:59.000]  If you go to Johnson County, Texas today and you make a complaint against a public official
[14:59.000 --> 15:04.000]  to the sheriff's department, they will get right on it.
[15:04.000 --> 15:08.000]  They will not do a song and dance.
[15:08.000 --> 15:11.000]  They will not send you somewhere else.
[15:11.000 --> 15:22.000]  The last one who did that made a complaint against the county clerk for not filing papers
[15:22.000 --> 15:24.000]  that was presented to the clerk for filing.
[15:24.000 --> 15:30.000]  They got him a lieutenant and the lieutenant called the clerk right there in front of him,
[15:30.000 --> 15:35.000]  made an appointment to go down and see the clerk and told them they'd get back to him
[15:35.000 --> 15:36.000]  by the next day.
[15:36.000 --> 15:41.000]  The next morning at eight o'clock in the morning, the clerk called and asked him to please come
[15:41.000 --> 15:43.000]  down and refile those documents.
[15:43.000 --> 15:46.000]  They had made a big mistake.
[15:46.000 --> 15:54.000]  So, while I didn't get the district attorney indicted, the reason that put him before the
[15:54.000 --> 16:01.000]  grand jury does not happen anymore in Johnson County and that was the purpose.
[16:01.000 --> 16:03.000]  That was the whole idea.
[16:03.000 --> 16:08.000]  I got all the highest judges in Texas put in front of a grand jury, the court of criminal
[16:08.000 --> 16:09.000]  appeals.
[16:09.000 --> 16:14.000]  The reason I didn't get any of them indicted, but the reason they were put in front of the
[16:14.000 --> 16:20.000]  grand jury simply does not happen anymore in the state of Texas.
[16:20.000 --> 16:28.000]  So, the objective is not to get them indicted, but to get the complaint in front of the grand
[16:28.000 --> 16:31.000]  jury and this one had a secondary objective.
[16:31.000 --> 16:34.000]  I'll explain it briefly on the other side and you will go to our callers.
[16:34.000 --> 16:40.000]  We already have about three or four callers, so I'll pick that up on the other side.
[16:40.000 --> 16:48.000]  I'll finish off what I was really trying to accomplish and what I was really after were
[16:48.000 --> 16:53.000]  changing the protocols adopted by the Texas Department of Public Safety.
[16:53.000 --> 16:55.000]  I'll explain that when we come back.
[16:55.000 --> 17:01.000]  We'll have our radio and we'll be right back.
[17:25.000 --> 17:32.000]  We'll be right back.
[17:55.000 --> 18:07.000]  We'll be right back.
[18:07.000 --> 18:34.000]  We'll be right back.
[18:34.000 --> 18:41.000]  We'll be right back.
[19:04.000 --> 19:31.640]  Okay, we are back, Randy Kelton, Rue La La Radio on this Friday, the 18th day of November
[19:31.640 --> 19:40.280]  2016. My real purpose in filing the complaint was to address a set of
[19:40.280 --> 19:47.320]  protocols developed by the Department of Public Safety concerning the Texas
[19:47.320 --> 19:57.560]  Rangers. Juan Earl, the 25-year district attorney in Travis County, lobbied the
[19:57.560 --> 20:05.160]  legislature for funds to allow district attorneys to put
[20:05.160 --> 20:12.280]  together a public integrity unit so they could investigate into public officials.
[20:12.280 --> 20:17.920]  The problem with that is a prosecuting attorney is forbidden to investigate
[20:17.920 --> 20:22.480]  into public officials. If prosecuting attorneys made known in any manner that
[20:22.480 --> 20:26.080]  a public officials violated a law relating to his office, he shall reduce
[20:26.080 --> 20:32.200]  complaint from information and submit it to the grand jury. Shall, not may, might
[20:32.200 --> 20:38.920]  or can if he wants to, that eliminates any discretion on the part of the
[20:38.920 --> 20:45.600]  prosecutor. So besides giving the prosecutor that kind of power is a
[20:45.600 --> 20:51.840]  really bad idea, which Juan Earl very clearly demonstrated when he took out
[20:51.840 --> 20:56.960]  Tom DeLay, second highest political figure in the country, and nobody ever
[20:56.960 --> 21:08.800]  accused him of a crime. Then he took in the next prosecutor, took out
[21:08.800 --> 21:17.920]  felony charges against the, using the same investigative arm. So the legislature
[21:17.920 --> 21:24.560]  put a stop to that, took the public integrity unit away from prosecuting
[21:24.560 --> 21:31.040]  attorneys, and gave that authority to Texas Rangers. Well, prior to this time a
[21:31.040 --> 21:37.840]  Texas Ranger could not take a complaint against a public official, could not even
[21:37.840 --> 21:44.160]  investigate a public official without the written permission of the director of
[21:44.160 --> 21:50.040]  the department of public safety himself. That was a standard protocol with the
[21:50.040 --> 21:58.040]  department of public safety. It kept prosecutions of public officials under
[21:58.040 --> 22:05.000]  political control. Well, the legislature took that ability to grant or deny
[22:05.000 --> 22:11.080]  permission away from the director of the DPS by filing this, passing this
[22:11.080 --> 22:18.720]  legislation. But they directed the department to establish a protocol for
[22:18.720 --> 22:22.600]  implementing the legislation. And the protocol the department of public safety
[22:22.600 --> 22:31.280]  developed was, is that the Texas Ranger would have to seek permission from a
[22:31.280 --> 22:36.120]  prosecuting attorney before they could investigate a public official. They're
[22:36.120 --> 22:42.480]  trying to keep the investigation of public officials under political control.
[22:42.480 --> 22:49.800]  Well, the way I read the code, that's criminal conspiracy to commit obstruction
[22:49.800 --> 22:55.320]  of justice. And I charged the director of the department of public safety with
[22:55.320 --> 23:01.760]  exactly that, because I originally took this complaint against the judge to the
[23:01.760 --> 23:08.800]  Texas Ranger. The Texas Ranger then promptly sent my complaint with, after
[23:08.800 --> 23:15.240]  making no inquiry that I could to find out about, sent it directly to the
[23:15.240 --> 23:23.240]  district attorney to seek permission to investigate my accusation. Well, the
[23:23.240 --> 23:31.920]  district attorney, I had already talked to him and the law, presented my position
[23:31.920 --> 23:37.240]  on this issue and gave him notice that if he interfered with this in any way,
[23:37.240 --> 23:44.360]  then I'd be back with criminal charges against him. So he opted out, didn't
[23:44.360 --> 23:49.440]  touch it. The Texas Ranger took no further action, so I filed against the
[23:49.440 --> 23:56.200]  Texas Ranger for official oppression in that he failed to perform a duty he's
[23:56.200 --> 24:01.320]  required to perform and in the process denied me any full and free access to or
[24:01.320 --> 24:06.840]  enjoyment of my right to the equal protection of the loss. And he did so
[24:06.840 --> 24:12.600]  while acting in concert and collusion with the director of the department of
[24:12.600 --> 24:18.600]  public safety, so I charged both of them with criminal conspiracy to commit.
[24:18.600 --> 24:25.480]  Now, every Ranger in Texas is going to know that I filed criminal charges
[24:25.480 --> 24:33.600]  against this Ranger for following policy. That's going to put every Ranger in
[24:33.600 --> 24:40.640]  Texas in a position to where they are not going to be happy campers and I'm
[24:40.640 --> 24:49.080]  hoping that this will pressure the director into changing those protocols
[24:49.080 --> 24:58.760]  and giving Rangers the authority to investigate a public official as they
[24:58.760 --> 25:07.160]  see fit and not hold it under political control. That was my purpose. Whether I
[25:07.160 --> 25:11.480]  get anybody indicted or not, it's not, from my perspective, it's not so
[25:11.480 --> 25:19.720]  important as using the law the way it was intended. The law is not, the purpose
[25:19.720 --> 25:25.240]  of the law is not to punish people. The purpose of the law is to act as a
[25:25.240 --> 25:31.520]  deterrent and I'm hoping that's what this does. Okay, that's my story and I'm
[25:31.520 --> 25:36.240]  sticking to it. We have some callers. I'm gonna go to the first caller, Scott in
[25:36.240 --> 25:46.080]  Texas. Hello, Mr. Scott. Howdy, howdy. Well, that was pretty interesting. Okay, back up
[25:46.080 --> 25:53.040]  from your mic just a little bit. Okay, is that better? That's a little better. All
[25:53.040 --> 26:00.000]  right. I said, well, that was pretty interesting and all that good stuff, but
[26:00.000 --> 26:08.720]  it sounded like you said that an actual person can't present a criminal complaint
[26:08.720 --> 26:19.120]  to a grand jury. I did say that, but that is a, you've paraphrased it a little more
[26:19.120 --> 26:25.960]  than what you should have. I've made a distinction between giving notice of
[26:25.960 --> 26:35.320]  crime to a grand jury and a presentation to a grand jury. Presentation to a grand
[26:35.320 --> 26:48.600]  jury is a formal address to the grand jury addressing a criminal action. Only
[26:48.600 --> 26:55.600]  the prosecuting attorney, and this is done before a grand jury in Quorum in
[26:55.600 --> 27:04.600]  secret, only a prosecuting attorney can do that as a matter of right and it's
[27:04.600 --> 27:10.880]  always as a matter of statutory right. It's in the Texas Code of Criminal
[27:10.880 --> 27:15.640]  Procedure that only the prosecuting attorney may as a matter of right
[27:15.640 --> 27:23.240]  present to a grand jury. However, anybody can present to a grand jury if the
[27:23.240 --> 27:32.600]  grand jury requests that they do. As to notice 20.09 Texas Code of Criminal
[27:32.600 --> 27:40.000]  Procedure, and most other states have a similar statute, and Texas statute says
[27:40.000 --> 27:45.440]  the grand jury shall investigate into all crimes subject to indictment that
[27:45.440 --> 27:51.200]  come to their knowledge by way of any member of the grand jury, the prosecuting
[27:51.200 --> 28:00.520]  attorney, or any credible person. That establishes your statutory right to give
[28:00.520 --> 28:08.200]  notice to the grand jury of crime. Okay, does that make sense Scott? Yeah that
[28:08.200 --> 28:16.200]  makes sense, but notice is like in the form of you writing up like a 12-page
[28:16.200 --> 28:21.680]  complaint addressing all the issues and then the notice of the crime that was
[28:21.680 --> 28:26.240]  committed in that, like I had done with that judge out of Addison over with
[28:26.240 --> 28:34.880]  Fort Worth. Yes, notice is given to a grand jury in the form of a verified
[28:34.880 --> 28:43.040]  criminal affidavit. How that affidavit is structured, it doesn't really matter a
[28:43.040 --> 28:50.640]  whole lot because if you don't make the affidavit up just exactly right, you
[28:50.640 --> 28:56.120]  give it to the prosecuting attorney. He is required by statute to reduce the
[28:56.120 --> 29:02.280]  complaint to an information and submit it to the grand jury. An information is
[29:02.280 --> 29:10.560]  a complaint produced by the district attorney. He will take your allegation
[29:10.560 --> 29:17.320]  and convert it into an official complaint in the proper form. So if you
[29:17.320 --> 29:21.200]  want to know how to structure a criminal complaint, just go down look in any
[29:21.200 --> 29:26.080]  criminal file and look for an information. That's a criminal complaint
[29:26.080 --> 29:34.600]  put together by a prosecuting attorney so it's statutorily accurate. Okay. I'm
[29:34.600 --> 29:41.720]  pretty good criminal complaint. Okay, hang on. We'll pick that up on the other
[29:41.720 --> 29:49.880]  side. Randy Kelton, Rue de la Radio, our call-in number 512-646-1984. Give us a
[29:49.880 --> 29:56.680]  call. We'll be keeping the phone lines open all night. We'll be right back.
[29:56.680 --> 30:06.360]  Could printed books soon be a thing of the past? Apparently a lot of kids these
[30:06.360 --> 30:11.200]  days are exchanging book pages for web pages. I'm Dr. Catherine Albrecht and I'll
[30:11.200 --> 30:16.200]  be back to tell you what's happening to literacy. Privacy is under attack. When
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[30:49.800 --> 30:54.080]  are the number one reading material for kids today and numbers two and three are
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[32:01.200 --> 32:05.480]  Rule of Law Radio is proud to offer the rule of law traffic seminar. In today's
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[33:02.640 --> 33:11.440]  You're listening to the Logos Radio Network at thelogosradionetwork.com.
[33:11.440 --> 33:25.080]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Scott in
[33:25.080 --> 33:35.480]  Texas. Go ahead, Scott. Okay, well, the Addison case. I want to see about, since I
[33:35.480 --> 33:40.320]  did follow a subject matter jurisdiction, there was never any ruling on it. Can a
[33:40.320 --> 33:49.520]  person go back and put in that Rule 91A and kind of challenge them, basically
[33:49.520 --> 33:54.840]  because they're making me pay this 50 bucks a month on this deal. Could you
[33:54.840 --> 34:01.480]  reopen the case with something like that and then basically challenge it
[34:01.480 --> 34:07.040]  or anything, or is that just a dead-stinking deal on that deal? Did you
[34:07.040 --> 34:13.720]  appeal the case? I did appeal it, but he denied my appeal, but I didn't take it to
[34:13.720 --> 34:20.560]  the Fifth Circuit directly, but I did with that Mesquite one. Yeah, okay. Well, if you
[34:20.560 --> 34:32.120]  let the appeal die, well, I would think you could go to the Court of Appeals and
[34:32.120 --> 34:38.640]  petition for a writ of mandamus and ask the court to order the judge to forward
[34:38.640 --> 34:43.240]  the records to the Court of Appeal, because when you gave notice of appeal
[34:43.240 --> 34:50.120]  under the Texas Rules of Appellate Procedure, the clerk was required to
[34:50.120 --> 34:56.800]  forward the records to the Court of Appeals, or in this case, if it was a
[34:56.800 --> 35:02.680]  glassy misdemeanor, to the county clerk. And if the clerk didn't do that, you go
[35:02.680 --> 35:09.760]  to the Court of Appeals, or go to the, I'm sorry, this would go to the county
[35:09.760 --> 35:16.920]  court, so you go to the county court and ask for a mandamus, ordering the clerk to
[35:16.920 --> 35:27.840]  forward the records. Did you do that? No, I was kind of got a little bit more
[35:27.840 --> 35:35.640]  tied up with Rockwall. Okay, then try that, and that should, then you should be
[35:35.640 --> 35:40.640]  able to stop making these payments. Yeah, because I'm going to go file the
[35:40.640 --> 35:45.800]  $3.5 million federal lawsuit on their silly butt right before Thanksgiving
[35:45.800 --> 35:53.360]  and give her a really nice present. Yeah, well it may be Thanksgiving 2020
[35:53.360 --> 36:02.080]  before you get through the suit, but right now, a mandamus, there's no final
[36:02.080 --> 36:09.040]  judgment, because you filed notice of appeal, and the local court denied the
[36:09.040 --> 36:17.880]  notice. Did you file it, or did you have a declaration of inability to pay?
[36:17.880 --> 36:27.920]  Oh yeah, I mean, I had sent a pauper's report and all that stuff, and with the
[36:27.920 --> 36:35.720]  appeal, and he sent it back, oh you didn't file it correctly, and didn't file it in
[36:35.720 --> 36:40.240]  time, and this is not the correct paperwork, and I mean, he gave every
[36:40.240 --> 36:46.720]  excuse under the sun. Of course, you know, that's the same judge that I went to.
[36:46.720 --> 36:54.360]  Okay, make the argument to the court it would appeal to, in this case
[36:54.360 --> 37:00.440]  would be the county court. You argued that it was timely and correctly
[37:00.440 --> 37:08.920]  sufficiently filed. There is no real great amount of protocol in filing a
[37:08.920 --> 37:13.720]  notice of appeal. You have to file it within a certain amount of time, and you
[37:13.720 --> 37:19.200]  have to post a bond, but if you have been declared indigent, then you don't
[37:19.200 --> 37:22.840]  have to post the bond, so all you have to do is give them notice, and you did so.
[37:22.840 --> 37:28.640]  So ask the county court. You maintained that this court had, there is no final
[37:28.640 --> 37:34.760]  adjudication in the case, because when the court denied your appeal, they did
[37:34.760 --> 37:40.040]  not have subject matter jurisdiction. Your notice of appeal moved that
[37:40.040 --> 37:43.880]  jurisdiction to the appeals court.
[37:46.880 --> 37:50.880]  That's my story.
[37:50.880 --> 37:58.800]  All right, I'll have to digest all that and get it together. Okay, you said you had a
[37:58.800 --> 38:06.240]  couple questions. You have another one? Oh, no, I guess that's probably going to be
[38:06.240 --> 38:12.080]  it for right now, so that was a pretty good lick right there. Okay, well, go after
[38:12.080 --> 38:18.200]  him. This judge needs a good licking. Oh, well, see, that's the thing. I wanted this
[38:18.200 --> 38:24.280]  judge, he is going to get scraped off the bench by the time it's all done with.
[38:24.280 --> 38:29.000]  He's got third-party complaints on him for actually having somebody removed
[38:29.000 --> 38:38.000]  out of a courtroom, so judicial conducts have already been filed on him, so this
[38:38.000 --> 38:42.840]  was the same one that I filed with the grand jury with over in Fort Worth,
[38:42.840 --> 38:48.360]  and they said that they didn't have jurisdiction. And that should get a
[38:48.360 --> 38:57.320]  complaint against the foreman. I know. Here's how this one should work. This
[38:57.320 --> 39:03.840]  begs a question. A foreman of a grand jury, a grand jury is a jury of your
[39:03.840 --> 39:12.280]  peers, not necessarily learned counsel, but just ordinary people. What made this
[39:12.280 --> 39:22.960]  foreman think that he lacked authority to indict? Because he went to the
[39:22.960 --> 39:27.040]  prosecutor, and the prosecutor told him to stand down, and this is how you can get
[39:27.040 --> 39:35.320]  around it, send him this letter, and that way he'll go away. Okay, exactly right. And
[39:35.320 --> 39:47.280]  when can you sue a prosecutor? When he's given legal advice. Exactly. So in order
[39:47.280 --> 39:53.120]  to get to the prosecutor, now we're presuming that the prosecutor gave the
[39:53.120 --> 40:00.720]  foreman legal advice, but we don't know that. Right, so we want to sue the foreman of the grand jury to get him to
[40:00.720 --> 40:07.280]  roll over on the prosecutor. You can't sue the grand jury foreman, but you can file
[40:07.280 --> 40:14.160]  criminal charges against him. So you go back to the grand jury and file with the
[40:14.160 --> 40:22.000]  grand jury against the previous foreman for official misconduct, failing to
[40:22.000 --> 40:26.920]  perform a duty he was required to perform. Now the foreman is going to have
[40:26.920 --> 40:34.000]  little option but to throw the prosecuting attorney under the bus, and
[40:34.000 --> 40:41.600]  he'll say, well the prosecutor told me to do it. Gotcha. Then you sue the
[40:41.600 --> 40:46.720]  prosecutor personally. When we start doing things like this, these will change things.
[40:46.720 --> 40:54.360]  I can assure you, Scott, just about every municipal judge in the state of Texas
[40:54.360 --> 41:01.440]  knows about your judicial conduct complaints against this judge. They all
[41:01.440 --> 41:06.320]  talk to each other. They have a network where they communicate with one another.
[41:06.320 --> 41:14.520]  A friend of mine was a JP. He went to Austin for some continuing training,
[41:14.520 --> 41:20.720]  and when he got there, they found out he was from Boyd. All they wanted to talk
[41:20.720 --> 41:26.960]  about was me. Do you know this guy? Is he crazy? And he said they couldn't talk
[41:26.960 --> 41:32.920]  about anything else. Everybody knew who I was, and that's because I filed against
[41:32.920 --> 41:37.880]  a couple of JPs. You start doing that, they find out about it. Everybody talks
[41:37.880 --> 41:40.720]  to each other and lets each other know what kind of problems they have
[41:40.720 --> 41:48.120]  and such. Going after these guys is really powerful. So we need more
[41:48.120 --> 41:54.360]  people doing it. You and I, just as ordinary citizens, we can have much
[41:54.360 --> 42:00.640]  more effect than we imagine. But I suspect your name is on their
[42:00.640 --> 42:08.600]  chart. I should hope so because I've filed against about six different judges so
[42:08.600 --> 42:19.360]  far, and every city attorney in every courtroom so far, and plus some. I've
[42:19.360 --> 42:25.400]  read one letter that one of them had to grovel back to the bar after
[42:25.400 --> 42:31.440]  bar grieving one of these clowns. Oh, he was groveling, and he lied, straight up
[42:31.440 --> 42:35.880]  lied too. So I wrote him back too, told him, yeah, this guy lied too, and this is where he
[42:35.880 --> 42:42.120]  lied at, blah, blah, blah, blah. It's like, yeah, these learned counsel, these guys
[42:42.120 --> 42:49.800]  suck. So you got to know that this lawyer was not the least bit happy having to
[42:49.800 --> 42:54.360]  defend himself this way, and these are people that have power over his career.
[42:54.360 --> 43:01.160]  So you got to know, everybody knows about it, and okay, you'll go on their list and
[43:01.160 --> 43:05.160]  they'll say, you know, keep this guy out of my court, he's another bit of pain in
[43:05.160 --> 43:12.960]  the neck, blah, blah, blah. But if we can get two or three guys in every county
[43:12.960 --> 43:17.760]  doing this to the judges, then the judge is going to walk up on the bench and
[43:17.760 --> 43:21.920]  he's going to look out there across the bar at the gallery and be wondering
[43:21.920 --> 43:27.920]  which one, which one of those jacklegs standing out there waiting for me to
[43:27.920 --> 43:35.360]  render a ruling so he can land on me like a ton of bricks. So this is how we get it
[43:35.360 --> 43:40.480]  fixed. This has always been my intent in doing this show, is to put every judge in
[43:40.480 --> 43:46.680]  the country in exactly that position. We get that done, we change everything.
[43:46.680 --> 43:50.400]  Thank you, Scott. We're about to go to break. When we come back, we'll go to
[43:50.400 --> 43:57.800]  Adam in Texas. This is Randy Kelton, Rule of Law Radio. I call it number 512-646-1984.
[43:57.800 --> 44:01.120]  We'll be right back.
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[46:02.240 --> 46:22.960]  Okay, we are back. Randy Kelkin, Rule of Law Radio, and I said I was going to take
[46:22.960 --> 46:27.360]  Adam when we came back. Adam, if you don't mind, I'm going to jump down to
[46:27.360 --> 46:32.520]  Kristen. Kristen's a first-time caller and we generally bump first-time
[46:32.520 --> 46:40.560]  callers to the top of the list. Okay, hello Kristen. Hello. What do you have for
[46:40.560 --> 46:47.520]  us today? Yeah, so the first, I actually have a few questions, but the first one
[46:47.520 --> 46:55.440]  is a towing question. So a few weeks ago, I was actually... Okay, hold on, hold on.
[46:55.440 --> 46:59.880]  You're over-modulating the mic. Can you back the mic away from your mouth or
[46:59.880 --> 47:06.240]  bring it down by your chin a little bit? Is this better? That's a little bit
[47:06.240 --> 47:11.640]  better. A little bit better? Sorry, I live out in the country over here, almost in
[47:11.640 --> 47:20.440]  Wise County too, so. But anyways, so I went to visit a friend at an apartment complex
[47:20.440 --> 47:26.200]  and I ended up leaving my car there and by the time we got back to his apartment
[47:26.200 --> 47:30.520]  because we went out, my car ended up being stolen and held for ransom by a
[47:30.520 --> 47:35.960]  towing company. And so knowing the information in the seminar, I think Eddie
[47:35.960 --> 47:43.040]  kind of went over it on one of the segments that whenever a police officer
[47:43.040 --> 47:47.760]  actually tows your car, when it's like on the side of the road, they're
[47:47.760 --> 47:52.840]  supposed to compensate for that pay for the total amount that your car is worth.
[47:52.840 --> 47:58.440]  Is that kind of the same thing for another towing company? I don't know of
[47:58.440 --> 48:05.720]  any requirement by a towing company. Okay, because I know that non-consent is an
[48:05.720 --> 48:11.680]  actual thing, but is there anything that I can actually do to fight that or is it
[48:11.680 --> 48:20.680]  that I just have to pay for it? Probably. Do they have signage prominently posted
[48:20.680 --> 48:29.200]  warning of no parking that you'd be towed? Yes, they had it up in the front,
[48:29.200 --> 48:33.120]  but it was on the exit side. So when you're kind of driving in, you can't
[48:33.120 --> 48:38.560]  really see it. So that's the only thing. And then I was also told that the
[48:38.560 --> 48:43.560]  towing company had a contract with the apartment complex that surveyed the area
[48:43.560 --> 48:49.360]  every once in a while on the towed car that is either in the wrong spot or
[48:49.360 --> 48:58.200]  didn't have the visitor parking pass for the car. Okay, the apartment
[48:58.200 --> 49:05.480]  complex is within its authority to do that. However, if the signage wasn't
[49:05.480 --> 49:14.520]  clear, okay, if you look up the statute on towing, there's going to be a
[49:14.520 --> 49:21.400]  requirement for how often, what size the signs have to be, how many, you know,
[49:21.400 --> 49:28.560]  they have to be every so often, every so many feet. You can't just have one sign
[49:28.560 --> 49:35.480]  that you can only see when you're leaving the complex. You can check to see
[49:35.480 --> 49:41.120]  if the signage is properly constructed. If it's not, you definitely have a claim
[49:41.120 --> 49:48.640]  against the apartment complex. And if they're quick to tow people's vehicles,
[49:48.640 --> 49:53.520]  they need a couple of lawsuits that'll break them from sucking eggs. Yeah, that
[49:53.520 --> 50:02.200]  would be great. All right, well, thank you for that. The next question is for this
[50:02.200 --> 50:11.960]  statute 545.365. It's just a question that I had because it gives specific, I
[50:11.960 --> 50:17.520]  don't know how you say it, but I guess abilities for police officers to speed
[50:17.520 --> 50:22.560]  on the highway if they're in the patrol. Can you kind of explain that? Is that they
[50:22.560 --> 50:26.400]  don't like, because I know that they're a government vehicle, so they're
[50:26.400 --> 50:33.360]  automatically, you know, I think you said to be known in commerce or something along
[50:33.360 --> 50:38.320]  the lines of that. Can you kind of explain that? Oh, okay. This is really Eddie's area,
[50:38.320 --> 50:49.280]  but yes. When I get a ticket, the ticket itself is a criminal accusation. The
[50:49.280 --> 51:01.280]  first thing that the arresting officer must do is show that the officer has
[51:01.280 --> 51:06.680]  authority to enforce the Texas transportation code because not
[51:06.680 --> 51:11.600]  everybody can do that according to the code. That's the first thing he has to do.
[51:11.600 --> 51:19.840]  And then he has to provide facts to establish that you fall within the
[51:19.840 --> 51:29.960]  statutory scheme. Now, Eddie takes a little different approach. He argues his
[51:29.960 --> 51:38.920]  rights. I'm going back to the complaint and I argued the sufficiency of the
[51:38.920 --> 51:47.960]  charging instrument. The instrument is insufficient if it doesn't charge all of
[51:47.960 --> 51:54.760]  the elements of the offense. First, he has to establish his authority to make the
[51:54.760 --> 52:01.920]  charge. Then he has to establish that you're subject to the statutory scheme.
[52:01.920 --> 52:11.680]  If the policeman pulls me over, he doesn't write me for flying an airplane
[52:11.680 --> 52:18.880]  without a license. Or why not?
[52:21.040 --> 52:28.560]  You weren't flying an airplane. You don't fall under that statutory scheme.
[52:28.560 --> 52:38.160]  Right. So if he sees me flying an ultralight, he won't give me a ticket for
[52:38.160 --> 52:41.200]  flying an ultralight without a license because you don't have to have one for
[52:41.200 --> 52:50.700]  that. I don't fall under the statutory scheme. So now he has to establish that
[52:50.700 --> 52:57.480]  you fall under the statutory scheme. Your driver's license is a professional
[52:57.480 --> 53:06.960]  license that grants you certain privileges. And those privileges are to
[53:06.960 --> 53:14.440]  operate in commerce on public thoroughfare. So that's the second thing
[53:14.440 --> 53:20.000]  that he must establish. He must demonstrate reasonable probable cost
[53:20.000 --> 53:24.120]  agreed that you are operating in commerce on a public thoroughfare to put you
[53:24.120 --> 53:31.240]  under the statutory scheme. I want to see it. Now I look at the complaint, I don't
[53:31.240 --> 53:36.880]  see it in here, and I move the court to dismiss for lack of, for the
[53:36.880 --> 53:43.040]  complaint is insufficient on its face. Right. And I have a challenge of subject
[53:43.040 --> 53:47.960]  matter jurisdiction that I filed and a couple of information requests that I
[53:47.960 --> 53:58.000]  also file. The information request asks for the certification of the officer to
[53:58.000 --> 54:05.880]  enforce the transportation code. If you send me an email, I'll send that to you.
[54:05.880 --> 54:10.680]  I've never had anybody be able to answer it yet because none of them have
[54:10.680 --> 54:16.960]  authority to enforce the code. It's real clear in the information request I
[54:16.960 --> 54:24.520]  asked for the authority is contemplated by 644-001, I believe it is, and 701-001.
[54:24.520 --> 54:32.360]  These are the statutes that establish who can enforce the transportation code.
[54:32.360 --> 54:40.680]  It's real clear on what's required. And the last answer I got was from Rex
[54:40.680 --> 54:47.760]  Hoskins, the chief of police at Decatur, Texas. He said, I have no records
[54:47.760 --> 54:53.280]  responsive to your request as my officers do not enforce the transportation,
[54:53.280 --> 55:03.320]  the Texas transportation code. Oh, I was just giddy when I got that. That's a
[55:03.320 --> 55:11.480]  statutory admission. So I didn't get to court. I didn't show up for my first
[55:11.480 --> 55:18.720]  hearing. I got my times off, so I didn't show up. And the dirty rotten prosecutor
[55:18.720 --> 55:26.560]  dismissed my case because the chief of police had already told him he set us up.
[55:26.560 --> 55:34.600]  He's going to work us over. So that's how I would go about that. Look at the
[55:34.600 --> 55:41.320]  complaint and see if it establishes that you were in commerce. If you go to the
[55:41.320 --> 55:49.040]  merits, then you go to the discretion of the judge or to the apparent discretion
[55:49.040 --> 55:57.360]  of the judge, and he will rule against you every time. If you try, if you
[55:57.360 --> 56:03.960]  challenge the sufficiency of the instrument, that goes to the subject
[56:03.960 --> 56:10.680]  matter jurisdiction of the court. If the court cannot establish subject matter
[56:10.680 --> 56:17.360]  jurisdiction, then the court itself, the judge himself is subject to civil suit
[56:17.360 --> 56:23.200]  himself and also to criminal prosecution for exerting or purporting to exert an
[56:23.200 --> 56:29.760]  authority he does not expressly have. Are you familiar with 39.03 penal code?
[56:35.600 --> 56:41.960]  I think we just lost Kristen. He just dropped off my board. Okay. Anybody who's
[56:41.960 --> 56:48.160]  not familiar with 39.03 penal code, you should write it on your forehead
[56:48.160 --> 56:52.440]  backwards so you can read it in the mirror. Every time you look in the mirror,
[56:52.800 --> 57:03.160]  get it memorized. If it's a catch-all, if a public official exerts or purports to
[57:03.160 --> 57:09.520]  exert an authority he does not expressly have, and in the process denies you the
[57:09.520 --> 57:14.480]  full of free access to or enjoyment of a right. That's a Class A misdemeanor.
[57:14.520 --> 57:22.520]  That's malfeasance in office. It also goes to misfeasance in office. If a
[57:22.520 --> 57:28.200]  public official fails to perform a duty he is required to perform, and in the
[57:28.200 --> 57:32.880]  process denies a citizen full of free access to or enjoyment of a right, both of
[57:32.880 --> 57:37.600]  those are Class A misdemeanors in the state of Texas. You're in prison, $10,000
[57:37.600 --> 57:44.600]  fine. It's a pretty big deal. So we should all know that statute by heart,
[57:45.720 --> 57:51.240]  because it really makes them nervous when you stick it to them with it. Anyway,
[57:51.240 --> 57:56.800]  okay, we're going to go now to Adam in Texas. Hello, Adam. Can you hear me
[57:56.800 --> 58:04.880]  ready? Yeah, you got 50 seconds. I'm just kidding. We're about to go to the top
[58:04.880 --> 58:10.520]  of the hour break. So real quickly, what is your question so I can think about it
[58:10.520 --> 58:19.520]  over the break? I just need some guidance. Justices of Peace is playing musical chairs over here.
[58:19.520 --> 58:24.920]  First of all, he accused himself. I just qualified the second one. Okay, wait a
[58:24.920 --> 58:30.320]  minute. You are breaking up really bad. Let's pick this up on the other side.
[58:30.320 --> 58:37.320]  This is Randy Kelton with our radio, our call in number 512-646-1984. Give us a call.
[58:37.320 --> 58:50.320]  We'll have the lines open all night. We'll be right back.
[58:50.320 --> 58:54.840]  Would you like to make more definite progress in your walk with God? Bibles for
[58:54.840 --> 58:59.680]  America is offering a free study Bible and a set of free Christian books that
[58:59.680 --> 59:03.280]  can really help. The New Testament Recovery Version is one of the most
[59:03.280 --> 59:07.800]  comprehensive study Bibles available today. It's an accurate translation and
[59:07.800 --> 59:11.720]  it contains thousands of footnotes that will help you to know God and to know
[59:11.720 --> 59:16.960]  the meaning of life. The free books are a three-volume set called Basic Elements
[59:16.960 --> 59:21.200]  of the Christian Life. Chapter by chapter, Basic Elements of the Christian Life
[59:21.200 --> 59:26.800]  clearly presents God's plan of salvation, growing in Christ, and how to build up
[59:26.800 --> 59:31.840]  the church. To order your free New Testament Recovery Version and Basic
[59:31.840 --> 59:40.280]  Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:40.280 --> 59:50.080]  That's 888-551-0102. Or visit us online at BFA.org.
[59:50.080 --> 59:59.840]  Live, free speech radio, logosradionetwork.com.
[59:59.840 --> 01:00:05.600]  The following use flash is brought to you by the Lone Star Lowdown. Providing your
[01:00:05.600 --> 01:00:12.280]  daily bulletins for the commodities market. Today in history, news updates and
[01:00:12.280 --> 01:00:21.680]  the inside scoop into the tides of the alternatives. Markets for Friday, the
[01:00:21.680 --> 01:00:26.920]  4th of November, 2016, are currently trading with gold at $1,304.10 an ounce,
[01:00:26.920 --> 01:00:33.320]  silver $18.41 an ounce, Texas crude $44.66 a barrel, and Bitcoin is
[01:00:33.320 --> 01:00:43.600]  currently sitting at about $697 U.S. currency. Today in history, the year 1952,
[01:00:43.600 --> 01:00:48.040]  the United States government establishes the National Security Agency, or NSA, an
[01:00:48.040 --> 01:00:51.520]  intelligence organization of the United States government responsible for global
[01:00:51.520 --> 01:00:55.120]  monitoring, collection, and processing of information and data for foreign
[01:00:55.120 --> 01:00:58.840]  intelligence and counterintelligence purposes. The NSA was established today in
[01:00:58.840 --> 01:01:07.120]  history. In recent news, WikiLeaks just dumped part 30 of Hillary Clinton's
[01:01:07.120 --> 01:01:11.520]  campaign manager, John Podesta's hacked emails, bringing the total, thus far, to
[01:01:11.520 --> 01:01:15.960]  over 47,000. Julian Assange, who still is essentially on house arrest at the
[01:01:15.960 --> 01:01:19.600]  Ecuadorian Embassy in London, gave an interview with Russia Today where he
[01:01:19.600 --> 01:01:22.400]  claims that the outcome of next Tuesday's presidential election between
[01:01:22.400 --> 01:01:26.080]  Donald Trump and Hillary Clinton has already been decided, saying, quote,
[01:01:26.080 --> 01:01:30.640]  because he has had every establishment off his side, Trump does not have one
[01:01:30.640 --> 01:01:34.440]  establishment, maybe with the exception of the evangelicals, if you can call them
[01:01:34.440 --> 01:01:39.080]  an establishment. Banks, intelligence, arms companies, foreign money, etc., are all
[01:01:39.080 --> 01:01:42.760]  united behind Hillary Clinton and the media as well, media owners and the
[01:01:42.760 --> 01:01:46.040]  journalists themselves. This is days after political activists discovered a
[01:01:46.040 --> 01:01:51.920]  hidden website for WRCB, an NBC affiliate out of Chattanooga, Tennessee, showing
[01:01:51.920 --> 01:01:57.160]  election results with Hillary Clinton securing 343 electoral votes and 42% of
[01:01:57.160 --> 01:02:00.560]  the popular vote. Hillary, her campaign, and the media are accusing Russia for
[01:02:00.560 --> 01:02:03.640]  the hacking of tens of thousands of emails that WikiLeaks has dumped out in
[01:02:03.640 --> 01:02:07.320]  the past weeks. However, Julian Assange has vehemently denied any involvement
[01:02:07.320 --> 01:02:10.640]  from the Kremlin. A majority of Hillary's hacked emails that have been released
[01:02:10.640 --> 01:02:15.200]  via WikiLeaks since March of 2016 can be searched through at wikileaks.org
[01:02:15.200 --> 01:02:23.600]  forward slash Clinton dash emails. CBS News reported earlier today that US
[01:02:23.600 --> 01:02:27.200]  intelligence agencies have alerted joint terrorism task forces that Al Qaeda
[01:02:27.200 --> 01:02:30.720]  could potentially be planning terrorist attacks in New York, Texas, and Virginia
[01:02:30.720 --> 01:02:34.720]  for Monday, the day before the election, though no specific cities and landmarks
[01:02:34.720 --> 01:02:37.800]  are mentioned. Counterterrorism spokespersons have stated that as the
[01:02:37.800 --> 01:02:40.960]  election day nears, federal law enforcement is planning for several
[01:02:40.960 --> 01:02:45.240]  worst-case scenarios, while earlier this week an alert warned local police of
[01:02:45.240 --> 01:02:49.680]  polling places being seen as attractive targets for lone wolf type of attacks by
[01:02:49.680 --> 01:02:53.560]  individuals motivated by violent extremist ideologies, such as sovereign
[01:02:53.560 --> 01:03:22.280]  citizens. Okay, we are back. Randy Kelson, the ruler of our radio, and we're
[01:03:22.280 --> 01:03:29.880]  talking to Adam in Texas. Okay, Adam. Can you hear me? I can hear you. You sound
[01:03:29.880 --> 01:03:38.640]  kind of buzzy. Are you on a regular phone? Are you on a? You're not on a? I'm just
[01:03:38.640 --> 01:03:42.160]  waiting out in the middle of the country and the wind's blowing real hard. Oh,
[01:03:42.160 --> 01:03:46.520]  okay. You sounded a little better now. You were breaking up really bad earlier.
[01:03:46.520 --> 01:03:58.960]  So go ahead. Okay. My first time to put up a good fight mid-July, I got pulled over
[01:03:58.960 --> 01:04:06.480]  by TPS. I got a citation for possession of marijuana paraphernalia. The date of
[01:04:06.480 --> 01:04:10.640]  the date noticed to appear on the citation. I showed up on the day at all
[01:04:10.640 --> 01:04:17.840]  the time. The judge wasn't present. The prosecutor wasn't present. So a month
[01:04:17.840 --> 01:04:25.040]  goes by, he sends a constable to come after me with a service and sums me
[01:04:25.040 --> 01:04:33.080]  back a month later, mid-August, about seven days before that date. I come in
[01:04:33.080 --> 01:04:40.520]  and I file a motion to evidence, motion to dismiss affidavit, not engage in
[01:04:40.520 --> 01:04:47.960]  transportation, motion to dismiss. He also included a lack of jurisdiction,
[01:04:47.960 --> 01:04:56.680]  jurisdictional challenge. He refused to let me file my pre-trial motions. So hold
[01:04:56.680 --> 01:05:04.480]  on, hold on. The judge refused to allow you to file pre-trial motions?
[01:05:04.480 --> 01:05:10.360]  Yeah, he told me in my face that he would not let me file them and
[01:05:10.360 --> 01:05:15.320]  get out of his office. But what happened was, it was funny, I found out later what
[01:05:15.320 --> 01:05:21.640]  happened was, I was attempting to file these pre-trial motions to this clerk.
[01:05:21.640 --> 01:05:26.440]  Judge comes out of the door into the foyer and we're getting this, you know,
[01:05:26.440 --> 01:05:31.600]  little bit of an argument and he's telling me that he can't dismiss anything
[01:05:31.600 --> 01:05:36.440]  and I need to go talk to the prosecutor. He won't accept my motions and all this
[01:05:36.440 --> 01:05:40.120]  stuff. It has my back turned to the clerk and I'm arguing with the judge, you know,
[01:05:40.120 --> 01:05:44.840]  showing him the motions saying, you know, if I'm not supposed to file with you, why did
[01:05:44.840 --> 01:05:49.160]  it require the signature of the presiding judge? What happened was, I guess, the clerk
[01:05:49.160 --> 01:05:56.000]  grew some brains and so she secretly went ahead and, you know, anyway,
[01:05:56.000 --> 01:05:59.480]  simultaneously as the judge was telling me, I couldn't. The clerk did, behind
[01:05:59.480 --> 01:06:03.520]  everybody's back. So anyway, they got filed. So I recused him.
[01:06:03.520 --> 01:06:09.720]  Okay, hold on, hold on. Whoa, it doesn't matter that the clerk filed it
[01:06:09.720 --> 01:06:21.440]  anyway. Yeah, 39.03, Texas Penal Code. If a public official exerts or purports to
[01:06:21.440 --> 01:06:27.040]  exert an authority he does not expressly have and in the process denies you
[01:06:27.040 --> 01:06:33.080]  an authority for access to enjoy middle right. That's a class A misdemeanor. The
[01:06:33.080 --> 01:06:39.040]  fact that the clerk, he granted you your rights, is irrelevant. Did you hear the
[01:06:39.040 --> 01:06:44.360]  beginning of the show when I spoke about the complaint I filed against my district
[01:06:44.360 --> 01:06:51.880]  judge? Yes, I was, I've been listening to the whole show. Okay, all the bailiff did was
[01:06:51.880 --> 01:06:57.400]  touch my arm. Right. And I charged the judge with first degree felony
[01:06:57.400 --> 01:07:04.320]  aggravated assault. They didn't arrest me. They didn't arrest my freedom of
[01:07:04.320 --> 01:07:10.720]  movement. He just touched me. That's enough. This judge made the statement
[01:07:10.720 --> 01:07:17.720]  that he would not allow you to file motions. That's enough. That's enough to
[01:07:17.720 --> 01:07:23.240]  affect the commission of the offense. The bell has been rung. You really need to
[01:07:23.240 --> 01:07:31.600]  file on him. Okay, well I had a witness, a credible witness with me, but against
[01:07:31.600 --> 01:07:36.960]  Eddie's instructions, I, like a moron, was not recording, but I did have a witness
[01:07:36.960 --> 01:07:43.000]  with me. So does that make a difference? That makes all the difference. The
[01:07:43.000 --> 01:07:48.520]  first thing to do is prepare a judicial conduct complaint. If you'll send me an
[01:07:48.520 --> 01:07:55.480]  email, I'll send you a fill-in-the-blank PDF form for a judicial conduct
[01:07:55.480 --> 01:08:00.280]  complaint. Let me finish through the story because I've already had judicial
[01:08:00.280 --> 01:08:04.840]  conduct complaints on these people two times already. Oh, okay. I'm going to shut
[01:08:04.840 --> 01:08:18.160]  up then. I'm enjoying this way too much. So he comes up with a lot of stuff. You know, I'm a
[01:08:18.160 --> 01:08:22.800]  witness with me. A couple weeks goes by. I go ahead and I motion for recusal. He
[01:08:22.800 --> 01:08:30.840]  refuses himself within 24 hours, and then what he did was he unlawfully appointed
[01:08:30.840 --> 01:08:35.640]  the other justice in the piece of the county. There's only two. He unlawfully
[01:08:35.640 --> 01:08:40.840]  appointed her to take the bench for him, unlawfully being because he was supposed
[01:08:40.840 --> 01:08:45.320]  to refer to the county judge. The county judge was supposed to appoint the replacement. The replacement has to be qualified under the
[01:08:45.320 --> 01:08:48.720]  government code. She hasn't been a JP for four and a half years. She's not
[01:08:48.720 --> 01:08:55.040]  qualified. So she jumps up on the bench. She takes my original pre-trial motions
[01:08:55.040 --> 01:09:02.040]  and denies them, you know, with no stated grounds. She just denies them, my
[01:09:02.040 --> 01:09:06.240]  suppression of that, because I was never read my Miranda rights when the DPS officer
[01:09:06.240 --> 01:09:11.720]  handcuffed me. I was never read Miranda, among other things, and you know, one thing
[01:09:11.720 --> 01:09:17.000]  led to another. I have another issue about that. Yes, sir.
[01:09:17.000 --> 01:09:22.680]  Talk to Eddie about this. He can tell you where it's at, but the Texas
[01:09:22.680 --> 01:09:30.920]  Administrative Code, which creates the Department of Public Safety, very
[01:09:30.920 --> 01:09:37.760]  clearly states that the Department of Public Safety shall not enforce the
[01:09:37.760 --> 01:09:45.600]  criminal laws except at the request of and under the direction of local law
[01:09:45.600 --> 01:09:54.760]  enforcement. So you want to know, you want to see the request from the sheriff
[01:09:54.760 --> 01:10:03.560]  to the Department of Public Safety to assist the sheriff's department in
[01:10:03.560 --> 01:10:08.960]  enforcing the criminal laws, and you want to see the protocols in place to
[01:10:08.960 --> 01:10:25.120]  provide a direction to provide the last term and the direction. You want to
[01:10:25.120 --> 01:10:30.520]  find, you want to see the protocols for providing direction for Department of
[01:10:30.520 --> 01:10:37.960]  Public Safety officers when they are enforcing the penal laws, because while
[01:10:37.960 --> 01:10:44.840]  Department of Public Safety officers are certified peace officers, they are not
[01:10:44.840 --> 01:10:52.760]  employed as peace officers. Right. They're employed as police officers. So
[01:10:52.760 --> 01:11:00.040]  where did the DPS officer get authority to enforce the penal laws? Yeah, and
[01:11:00.040 --> 01:11:06.120]  additionally, the code, the possession of paraphernalia is under is actually, the
[01:11:06.120 --> 01:11:10.600]  charges under the Texas Health and Safety Code are transportation, air,
[01:11:10.600 --> 01:11:21.440]  and penal. Well, Texas Health and Safety Code. Okay, hold on, hold on. If the code, if a violation of the code is
[01:11:21.440 --> 01:11:30.200]  declared a crime, it'll be declared a misdemeanor or Class A, B, or C misdemeanor
[01:11:30.200 --> 01:11:38.200]  or felony, and it establishes a punishment, then it is a penal law. Oh, okay.
[01:11:38.200 --> 01:11:44.800]  All right. With regards, I mean, but how do they? With that regard to which code it's in.
[01:11:44.800 --> 01:11:50.800]  But how do they, how do they prove their jurisdiction? I mean, how do they, how do they do anything to do with the Texas Health and Safety Code?
[01:11:50.800 --> 01:11:56.600]  Never, never consented, never, never, you know, group contract or signed anything?
[01:11:56.600 --> 01:12:13.200]  Okay, no, no, okay. That is an adhesion contract. Okay. If you, if you position yourself within the jurisdiction of the state of Texas,
[01:12:13.200 --> 01:12:20.000]  then you are bound to an adhesion contract to abide by the laws of the state of Texas.
[01:12:20.000 --> 01:12:29.800]  That's not when you'll be able to win. Okay, okay. Well, moving on. So I recuse the judge.
[01:12:29.800 --> 01:12:35.800]  He unlawfully points this other JP. She jumps up on the bench. She denies my pre-trial motion.
[01:12:35.800 --> 01:12:44.000]  I got her sending me denials of my pre-trial motion. At the same time, eight days after this judge recused himself,
[01:12:44.000 --> 01:12:54.200]  he sends me a trial setting for the non-jury docket. So. Okay, he can do that. He can do that. Yeah, he can do it.
[01:12:54.200 --> 01:12:59.000]  It is his court. So he could administer the court.
[01:12:59.000 --> 01:13:06.600]  This is administrative that doesn't have anything to do with the adjudication of the case. But there are things he can do.
[01:13:06.600 --> 01:13:16.200]  He can grant a continuance. He can dismiss the case. That's one thing he can do.
[01:13:16.200 --> 01:13:27.000]  Okay. Or he can set hearing dates and such, but he can't sit on the bench at that hearing date.
[01:13:27.000 --> 01:13:32.600]  Okay. Okay. Well, that clears a little bit. Okay. Then I guess I won't use this recording to complain again for that.
[01:13:32.600 --> 01:13:45.600]  So the temporary justice that he unlawfully appointed, I disqualified her on November 3rd.
[01:13:45.600 --> 01:13:52.800]  She has three days to either grant or refer. It's been 11 business days. I haven't heard a peep out of her.
[01:13:52.800 --> 01:14:03.600]  I guess they can bench. I don't know what's going on. So my question is, do I, where do I go from here?
[01:14:03.600 --> 01:14:16.400]  Do I mean, I mean, I'm guessing the next step is, I was thinking, do a petition for removal on the first justice piece,
[01:14:16.400 --> 01:14:26.000]  sign up for judicial incompetence, simultaneously with a tort, a criminal complaint against him for official misconduct.
[01:14:26.000 --> 01:14:34.000]  But now you're saying the original, the one all right off the bat was 3903 impersonating public official.
[01:14:34.000 --> 01:14:43.600]  I'm just saying, where do I go from here as far as, you know, up in the, you know, I like to punch back and punch back harder than they punch me.
[01:14:43.600 --> 01:14:53.600]  Okay. Okay. Then we can run the routine on them. Okay. There's a couple of different ways you can do this.
[01:14:53.600 --> 01:15:05.600]  You prepare a criminal complaint and I like to take my criminal complaint to a policing agency first.
[01:15:05.600 --> 01:15:07.600]  Like the sheriff?
[01:15:07.600 --> 01:15:16.600]  Yeah, like the sheriff. Since this is a JP, it's not a municipal issue, so I wouldn't bother with a municipal cop.
[01:15:16.600 --> 01:15:26.600]  You go to the sheriff's department and take with you a verified criminal affidavit, fill out the criminal complaint,
[01:15:26.600 --> 01:15:37.600]  get it notarized and the sheriff's deputy will hand you a voluntary statement and ask you to fill it out.
[01:15:37.600 --> 01:15:46.600]  Well, fill out the voluntary statement and then when you hand it back to him, slide this criminal complaint underneath it and hand him both of them.
[01:15:46.600 --> 01:16:00.600]  Once it's in his hands, it's in his hands. He's going to feel that page back there and take the top page off and look at it and say, what is this?
[01:16:00.600 --> 01:16:12.600]  You're going to tell him that is a verified criminal affidavit and you have been given notice. Are you over 18?
[01:16:12.600 --> 01:16:17.600]  Would it be better? Wait a minute, Adam, hold on. Are you over 18?
[01:16:17.600 --> 01:16:19.600]  Yes, I'm 36.
[01:16:19.600 --> 01:16:22.600]  Have you ever been convicted of a felony?
[01:16:22.600 --> 01:16:24.600]  No, sir.
[01:16:24.600 --> 01:16:28.600]  You are a credible person by definition.
[01:16:28.600 --> 01:16:30.600]  I'm aware of that.
[01:16:30.600 --> 01:16:43.600]  And you have given him notice that a crime has been committed that invokes his duty under Article 2.13, Code of Criminal Procedure.
[01:16:43.600 --> 01:16:46.600]  Hang on. I'll explain that when we come back.
[01:16:46.600 --> 01:16:59.600]  Randy Kelton, Rule of Law Radio. I called in number 512-646-1984. We'll be right back.
[01:16:59.600 --> 01:17:04.600]  I love Logos. Without the shows on this network, I'd be almost as ignorant as my friends.
[01:17:04.600 --> 01:17:09.600]  I'm so addicted to the truth now that there's no going back. I need my truth pick. I'd be lost without Logos.
[01:17:09.600 --> 01:17:19.600]  And I really want to help keep this network on the air. I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't have any money to give because I spent it all on supplements.
[01:17:19.600 --> 01:17:21.600]  How can I help Logos?
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[01:17:29.600 --> 01:17:37.600]  First thing you do is clear your cookies. Now, go to LogosRadioNetwork.com. Click on the Amazon logo and bookmark it.
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[01:17:42.600 --> 01:17:43.600]  Do I pay extra?
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[01:17:49.600 --> 01:17:50.600]  I mean, yes.
[01:17:50.600 --> 01:17:56.600]  Wow. Giving without doing anything or spending any money. This is perfect. Thank you so much.
[01:17:56.600 --> 01:17:57.600]  We are welcome.
[01:17:57.600 --> 01:17:59.600]  Happy holidays, Logos.
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[01:18:20.600 --> 01:18:26.600]  what to do when contacted by phone, mail, or court summons, how to answer letters and phone calls,
[01:18:26.600 --> 01:18:33.600]  how to get debt collectors out of your credit report, how to turn the financial tables on them and make them pay you to go away.
[01:18:33.600 --> 01:18:38.600]  The Michael Mears Proven Method is the solution for how to stop debt collectors.
[01:18:38.600 --> 01:18:49.600]  Personal consultation is available as well. For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner, or email michaelmears at yahoo.com.
[01:18:49.600 --> 01:19:00.600]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[01:19:00.600 --> 01:19:10.600]  This is the Logos Mapogos Radio Network.
[01:19:10.600 --> 01:19:31.600]  Okay, we are back. Randy Kelkin, Rule of Law Radio, and we're talking to Adam in Texas. And this is a trick I pulled on him a number of times.
[01:19:31.600 --> 01:19:42.600]  It really gets them to dancing. But before you do that, I need to give you a different mindset.
[01:19:42.600 --> 01:19:58.600]  I have some rules on how to handle public officials. First rule, never ask a public official to do anything that you actually want him to do.
[01:19:58.600 --> 01:20:00.600]  Apart from that rule?
[01:20:00.600 --> 01:20:06.600]  Because you never ask him to do anything that the law does not command him to do.
[01:20:06.600 --> 01:20:23.600]  What this has the effect of is it keeps them from being able to engage you in a give and take, an argument so that they can accuse you of being agitated.
[01:20:23.600 --> 01:20:36.600]  And when you do it from this perspective, it makes them crazy. I give the officer the voluntary statement, and he's got the criminal complaint on the back of it.
[01:20:36.600 --> 01:20:43.600]  And he looks at the criminal complaint, well, I can't take this. Sorry, Bubba, you already got it. Well, I'm not going to take it.
[01:20:43.600 --> 01:20:49.600]  Okay, life's filled with little decisions. We all get to make some. Your turn.
[01:20:49.600 --> 01:20:54.600]  Are you going to perform your duty as prescribed by Article 2.13 Code of Criminal Procedure?
[01:20:54.600 --> 01:20:59.600]  Or are you going to shield this guy from prosecution in violation of 3805 Penal Code?
[01:20:59.600 --> 01:21:06.600]  It's your call. From that perspective, you don't care what he does.
[01:21:06.600 --> 01:21:13.600]  I had a district judge, and I pulled that on him. The judge, I'd like you to look at this document, and he takes it and looks at it.
[01:21:13.600 --> 01:21:19.600]  This is emotion. He says, yeah, it just got filed in your court. Well, I'm not going to take this. You already got it.
[01:21:19.600 --> 01:21:25.600]  Okay, so you give him that. He's going to refuse to take it. He's going to get all excited.
[01:21:25.600 --> 01:21:35.600]  And the first time they start getting a little excited, you tell him to calm down. You're getting agitated.
[01:21:35.600 --> 01:21:40.600]  See, that's the word they want to use on you.
[01:21:40.600 --> 01:21:48.600]  They want to say that you are agitated, and that authorizes anything they want to do.
[01:21:48.600 --> 01:21:52.600]  So the first thing you do is accuse him of being agitated.
[01:21:52.600 --> 01:22:03.600]  And then if he does get agitated and he gets angry and aggressive, just take out your cell phone down 911.
[01:22:03.600 --> 01:22:08.600]  I've done it standing in the Sheriff's Department.
[01:22:08.600 --> 01:22:12.600]  I finally got the potential opportunity to do that.
[01:22:12.600 --> 01:22:16.600]  Oh, it is so much fun. You won't believe it.
[01:22:16.600 --> 01:22:21.600]  You get the dispatcher, and the dispatcher will want to do this song and dance.
[01:22:21.600 --> 01:22:26.600]  I'm here, and I got this guy with the gun, and he is agitated.
[01:22:26.600 --> 01:22:33.600]  And I'm afraid he might shoot me with that pistol. Can you send someone out here to take my complaint against him?
[01:22:33.600 --> 01:22:37.600]  Because if you're trying to file a complaint, you're the victim.
[01:22:37.600 --> 01:22:42.600]  And if the officer gets difficult and doesn't want to take the complaint,
[01:22:42.600 --> 01:22:50.600]  now he's trying to shield the accused from prosecution because he's another public official.
[01:22:50.600 --> 01:22:55.600]  3805 penal code is a felony in the state of Texas.
[01:22:55.600 --> 01:23:02.600]  And he's committing that felony while he is prominently displaying a deadly weapon.
[01:23:02.600 --> 01:23:06.600]  That puts him in really deep water.
[01:23:06.600 --> 01:23:17.600]  So if he says anything to you that you can in any way construe as a threat,
[01:23:17.600 --> 01:23:23.600]  one of the things I tell people is never give a public official legal advice.
[01:23:23.600 --> 01:23:27.600]  They will always construe it as a threat.
[01:23:27.600 --> 01:23:31.600]  Never say, this is what the law says you're supposed to do.
[01:23:31.600 --> 01:23:34.600]  They're always going to take that as a threat.
[01:23:34.600 --> 01:23:40.600]  So when the officer says, well, you have to be careful here.
[01:23:40.600 --> 01:23:44.600]  You could get in a lot of trouble doing this.
[01:23:44.600 --> 01:23:56.600]  3606, 3605 Texas penal code, 3605 witness tampering, 3606 obstruction of justice and retaliation.
[01:23:56.600 --> 01:24:02.600]  Let's dance, guy. You want to give me some more legal advice?
[01:24:02.600 --> 01:24:09.600]  Then you call the dispatcher and the dispatcher is going to try to find out what all is going on.
[01:24:09.600 --> 01:24:14.600]  You tell him I'm here and there's a guy with a gun and he's committed a crime against me.
[01:24:14.600 --> 01:24:16.600]  I need you to send an officer out.
[01:24:16.600 --> 01:24:20.600]  Well, the dispatcher is going to start trying to engage you.
[01:24:20.600 --> 01:24:25.600]  First thing you do is say, are you a district attorney?
[01:24:25.600 --> 01:24:27.600]  No, I'm not.
[01:24:27.600 --> 01:24:28.600]  Are you a lawyer?
[01:24:28.600 --> 01:24:29.600]  No, I'm not.
[01:24:29.600 --> 01:24:33.600]  I'm the dispatcher, then don't give me legal advice.
[01:24:33.600 --> 01:24:35.600]  Dispatch.
[01:24:35.600 --> 01:24:38.600]  That really gets them to dispatch.
[01:24:38.600 --> 01:24:42.600]  And then I tell the other officers, they generally, now they want to talk.
[01:24:42.600 --> 01:24:44.600]  And I tell them, no, no, no, no, no.
[01:24:44.600 --> 01:24:47.600]  We can't have any more communication.
[01:24:47.600 --> 01:24:52.600]  I have someone coming and when they get here, I'll make a full statement to them.
[01:24:52.600 --> 01:24:56.600]  But it would be inappropriate for us to have any further communication.
[01:24:56.600 --> 01:25:02.600]  And this just makes them even more crazy because they can't reason with you.
[01:25:02.600 --> 01:25:04.600]  No.
[01:25:04.600 --> 01:25:07.600]  You don't want to tell them what they're supposed to do.
[01:25:07.600 --> 01:25:09.600]  You want to bushwhack them.
[01:25:09.600 --> 01:25:10.600]  Right.
[01:25:10.600 --> 01:25:12.600]  They think you're setting them up.
[01:25:12.600 --> 01:25:17.600]  Have you heard the Randall County story about the district clerk?
[01:25:17.600 --> 01:25:24.600]  She wanted me to look in her computer, but I needed to see the actual records
[01:25:24.600 --> 01:25:27.600]  because I wanted to see if something was missing.
[01:25:27.600 --> 01:25:30.600]  If you look in the computer and you notice something's missing,
[01:25:30.600 --> 01:25:32.600]  all of a sudden it magically appears.
[01:25:32.600 --> 01:25:35.600]  So I wanted to see the actual physical file.
[01:25:35.600 --> 01:25:37.600]  She said she didn't have time or personnel.
[01:25:37.600 --> 01:25:38.600]  I'd have to look in the computer.
[01:25:38.600 --> 01:25:42.600]  I go get the bailiff and ask the bailiff to arrest her.
[01:25:42.600 --> 01:25:46.600]  The bailiff goes and gets his captain and lieutenant.
[01:25:46.600 --> 01:25:49.600]  The lieutenant refused to take a complaint, so I dialed 911.
[01:25:49.600 --> 01:25:55.600]  And I'm sitting down writing out criminal complaints, waiting for the officer
[01:25:55.600 --> 01:25:58.600]  to respond to the 911 call.
[01:25:58.600 --> 01:26:03.600]  And the clerk and the lieutenant come out of the office,
[01:26:03.600 --> 01:26:05.600]  and the clerk's got a handful of folders.
[01:26:05.600 --> 01:26:08.600]  And the lieutenant started to say something.
[01:26:08.600 --> 01:26:10.600]  I held up both hands and said, stop, stop, stop.
[01:26:10.600 --> 01:26:13.600]  I can't be talking to you.
[01:26:13.600 --> 01:26:17.600]  I have someone coming, and I'll give him a full statement,
[01:26:17.600 --> 01:26:21.600]  but it would be inappropriate for me to have any further communication with you.
[01:26:21.600 --> 01:26:26.600]  And the sergeant said, well, Mr. Captain, she has the records you requested.
[01:26:26.600 --> 01:26:33.600]  I looked up at him and said, sorry, Bubba, that bail's already been rung.
[01:26:33.600 --> 01:26:42.600]  The look on the clerk's face was absolutely priceless.
[01:26:42.600 --> 01:26:48.600]  They felt like they had been set up and they were right.
[01:26:48.600 --> 01:26:53.600]  Once you've done that one time, then you'll get it.
[01:26:53.600 --> 01:26:59.600]  And they won't ever be able to get you in an argument with them again.
[01:26:59.600 --> 01:27:04.600]  And they will absolutely not want to see you in their office.
[01:27:04.600 --> 01:27:07.600]  Does that make sense, Saddam?
[01:27:07.600 --> 01:27:08.600]  Yeah, that's what I'm going for.
[01:27:08.600 --> 01:27:09.600]  That's what I'm trying to achieve.
[01:27:09.600 --> 01:27:12.600]  So back to the temporary justice line, it's qualified.
[01:27:12.600 --> 01:27:14.600]  She never granted or referred in three days.
[01:27:14.600 --> 01:27:17.600]  She gets another judicial conduct complaint for sure, right?
[01:27:17.600 --> 01:27:24.600]  No, no, wait, judicial conduct, heck, that's criminal.
[01:27:24.600 --> 01:27:33.600]  It's criminal because she failed to perform a duty she was required to perform.
[01:27:33.600 --> 01:27:37.600]  It, in the process, denied you the full free access to your enjoyment right.
[01:27:37.600 --> 01:27:43.600]  It denied you and your right to a fair and competent jurist in the first instance.
[01:27:43.600 --> 01:27:46.600]  That's a Class A misdemeanor.
[01:27:46.600 --> 01:27:48.600]  But Ms. Tonner, correct?
[01:27:48.600 --> 01:27:52.600]  And that is a really great one to file.
[01:27:52.600 --> 01:27:57.600]  It's kind of like this complaint I filed against my district judge.
[01:27:57.600 --> 01:28:00.600]  He never saw that coming.
[01:28:00.600 --> 01:28:08.600]  He couldn't believe what I was charging him with over something that he felt was as minor as that.
[01:28:08.600 --> 01:28:16.600]  And, Adam, the more minor the complaint you can file against a public official, the more powerful.
[01:28:16.600 --> 01:28:20.600]  Because they're like, holy mackerel.
[01:28:20.600 --> 01:28:27.600]  What I do, it takes them a while to understand why you're complaining against them.
[01:28:27.600 --> 01:28:35.600]  So if they can get hammered over something this minor, it'll make them a lot more careful with the bigger stuff.
[01:28:35.600 --> 01:28:38.600]  Does that make sense?
[01:28:38.600 --> 01:28:39.600]  Yes, it does.
[01:28:39.600 --> 01:28:43.600]  So I've got criminal accusations against both of them, I guess.
[01:28:43.600 --> 01:28:45.600]  Okay, that's great news.
[01:28:45.600 --> 01:28:49.600]  Yeah, that should go first.
[01:28:49.600 --> 01:28:53.600]  Criminal complaints should go first.
[01:28:53.600 --> 01:29:06.600]  And if you really want to get their attention, the first one who commits a crime right in front of you, no matter how minor, file 9-1-1.
[01:29:06.600 --> 01:29:09.600]  Okay, and then you go sit down.
[01:29:09.600 --> 01:29:11.600]  You don't talk to them anymore.
[01:29:11.600 --> 01:29:15.600]  And you need some criminal complaint forms.
[01:29:15.600 --> 01:29:19.600]  If you send me an email, I'll send you some.
[01:29:19.600 --> 01:29:20.600]  Okay.
[01:29:20.600 --> 01:29:30.600]  When I go to one of these offices, I always have bar agreements, judicial conduct, criminal complaint forms in my case.
[01:29:30.600 --> 01:29:33.600]  And I have information request forms.
[01:29:33.600 --> 01:29:37.600]  I just pull them out, fill them in, give it to them.
[01:29:37.600 --> 01:29:44.600]  And that makes it even worse for them because they know that you were ready for them and you already had them set up.
[01:29:44.600 --> 01:29:45.600]  Hang on, we're about to go to break.
[01:29:45.600 --> 01:29:47.600]  When we come back, I'll kind of let you finish your story.
[01:29:47.600 --> 01:29:49.600]  I keep interrupting you.
[01:29:49.600 --> 01:29:52.600]  But I'm having way too much fun here.
[01:29:52.600 --> 01:30:02.600]  Randy Kelton, Root of Law Radio, we'll be right back.
[01:30:02.600 --> 01:30:07.600]  What would you do if you ran into a pack of wolves on your way home from work?
[01:30:07.600 --> 01:30:15.600]  I'm Dr. Catherine Albrecht, and I'll tell you how one brave 13-year-old boy scared away four big bad wolves right after this.
[01:30:15.600 --> 01:30:17.600]  Privacy is under attack.
[01:30:17.600 --> 01:30:20.600]  When you give up data about yourself, you'll never get it back again.
[01:30:20.600 --> 01:30:25.600]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.600 --> 01:30:30.600]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.600 --> 01:30:33.600]  Privacy, it's worth hanging on to.
[01:30:33.600 --> 01:30:40.600]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:40.600 --> 01:30:44.600]  Start over with StartPage.
[01:30:44.600 --> 01:30:49.600]  Imagine you're walking down a country road when suddenly you're surrounded by hungry wolves.
[01:30:49.600 --> 01:30:52.600]  Should you play dead, wave your arms, try and fight?
[01:30:52.600 --> 01:30:55.600]  Well, I'd probably try to run and turn into dinner.
[01:30:55.600 --> 01:31:00.600]  But let me tell you what 13-year-old Walter Eichram of Rokkestad, Norway did.
[01:31:00.600 --> 01:31:08.600]  When he came face to face with four, count them four, big bad wolves on his way home from school, he aimed his cell phone at them and cranked up the volume.
[01:31:08.600 --> 01:31:12.600]  The phone had been playing hard rock, and the wolves apparently were not fans.
[01:31:12.600 --> 01:31:17.600]  They cringed and then trotted away, and Walter high-tailed it home without a scratch.
[01:31:17.600 --> 01:31:21.600]  It's another kid versus wolf story, this one with a happy ending.
[01:31:21.600 --> 01:31:30.600]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.600 --> 01:31:35.600]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.600 --> 01:31:37.600]  The government says that fire brought it down.
[01:31:37.600 --> 01:31:42.600]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.600 --> 01:31:45.600]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.600 --> 01:31:48.600]  But thousands of my fellow first responders are dying.
[01:31:48.600 --> 01:31:49.600]  I'm not a conspiracy theorist.
[01:31:49.600 --> 01:31:50.600]  I'm a structural engineer.
[01:31:50.600 --> 01:31:52.600]  I'm a New York City correction officer.
[01:31:52.600 --> 01:31:53.600]  I'm an Air Force pilot.
[01:31:53.600 --> 01:31:54.600]  I'm a father who lost his son.
[01:31:54.600 --> 01:31:57.600]  We're Americans, and we deserve the truth.
[01:31:57.600 --> 01:32:07.600]  Go to RememberBuilding7.org today.
[01:32:27.600 --> 01:32:45.600]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.600 --> 01:33:01.600]  Well, if those out-of-town roofers come knocking, your door should be locking.
[01:33:01.600 --> 01:33:23.600]  Looking for some trees? You found it. LogosRadioNetwork.com.
[01:33:23.600 --> 01:33:25.600]  Okay, we are back.
[01:33:25.600 --> 01:33:29.600]  Randy Kelkin, Marula Radio, and we're talking to Adam in Texas.
[01:33:29.600 --> 01:33:35.600]  Okay, Adam, I do need to apologize or clarify.
[01:33:35.600 --> 01:33:40.600]  Sometimes you obviously are well-read on this subject,
[01:33:40.600 --> 01:33:45.600]  and it may sound like I'm patronizing you, and I don't mean to sound that way,
[01:33:45.600 --> 01:33:50.600]  because I'm going through details that you're already aware of.
[01:33:50.600 --> 01:33:55.600]  But I'm doing that because we have listeners from the whole spectrum,
[01:33:55.600 --> 01:33:57.600]  so I'm not so much just talking to you.
[01:33:57.600 --> 01:34:06.600]  I'm talking to everybody else so that we keep what we're doing in a perspective that makes sense.
[01:34:06.600 --> 01:34:08.600]  Yes, sir.
[01:34:08.600 --> 01:34:10.600]  Okay, so I'm not discounting you.
[01:34:10.600 --> 01:34:16.600]  You obviously pretty well know what you're doing.
[01:34:16.600 --> 01:34:17.600]  Okay, so...
[01:34:17.600 --> 01:34:19.600]  Well, like I said, it's my first time.
[01:34:19.600 --> 01:34:23.600]  I've been listening to you all for about five years, but I mean,
[01:34:23.600 --> 01:34:26.600]  I just don't get in trouble with the law a lot.
[01:34:26.600 --> 01:34:27.600]  July is my birthday.
[01:34:27.600 --> 01:34:32.600]  I just got caught with this little marijuana pipe, but I mean, it's a Class C,
[01:34:32.600 --> 01:34:37.600]  and also their charging instrument is still insufficient on its face.
[01:34:37.600 --> 01:34:39.600]  I'm afraid they're going to, no matter what I do,
[01:34:39.600 --> 01:34:41.600]  they're going to still start dragging me to Toronto,
[01:34:41.600 --> 01:34:46.600]  even though they're going to have to get a JP from a neighboring county, I guess,
[01:34:46.600 --> 01:34:51.600]  to come sit on the bench because both of them are compromised.
[01:34:51.600 --> 01:34:54.600]  But my last question is...
[01:34:54.600 --> 01:34:59.600]  Okay, wait, before you get to that question, another rule.
[01:34:59.600 --> 01:35:05.600]  Never expect to win your case in the trial court.
[01:35:05.600 --> 01:35:08.600]  I don't expect it, but I'm going to still go for it.
[01:35:08.600 --> 01:35:10.600]  Yeah, no, no, no.
[01:35:10.600 --> 01:35:16.600]  Your only purpose in the trial court is to set the record for appeal.
[01:35:16.600 --> 01:35:20.600]  If you're in there only for the purpose of setting the record for appeal,
[01:35:20.600 --> 01:35:24.600]  they'll figure that out pretty quick.
[01:35:24.600 --> 01:35:28.600]  When you don't get excited about their ruling against you
[01:35:28.600 --> 01:35:33.600]  and you routinely object to what they're doing,
[01:35:33.600 --> 01:35:38.600]  and I've had judges get real excited because I objected to everything,
[01:35:38.600 --> 01:35:43.600]  and I told the judge, Your Honor, I'm just trying to perfect this for appeal.
[01:35:43.600 --> 01:35:51.600]  So with your permission, I will just render a blanket objection to everything,
[01:35:51.600 --> 01:35:56.600]  so I don't have to keep doing this all the time, and they generally always let me do that.
[01:35:56.600 --> 01:36:01.600]  But that tells them, I don't care what you chumps do.
[01:36:01.600 --> 01:36:08.600]  I'm just setting the record for appeal, and it puts them off their game.
[01:36:08.600 --> 01:36:13.600]  You should have great fun with objections.
[01:36:13.600 --> 01:36:22.600]  Before you go into court, get a treatise on objections,
[01:36:22.600 --> 01:36:26.600]  the objections you can make and how to make those objections.
[01:36:26.600 --> 01:36:33.600]  You will have so much fun with that, and you can keep the prosecutor off his game.
[01:36:33.600 --> 01:36:36.600]  Yeah, I'm really looking forward to it.
[01:36:36.600 --> 01:36:40.600]  Do I file for discovery in a JP court?
[01:36:40.600 --> 01:36:43.600]  Because I want to see the video.
[01:36:43.600 --> 01:36:47.600]  Okay, here's the deal with discovery in Class C misdemeanors.
[01:36:47.600 --> 01:36:55.600]  The higher courts have ruled that in a Class C misdemeanor,
[01:36:55.600 --> 01:36:59.600]  you don't have a right to discovery.
[01:36:59.600 --> 01:37:01.600]  Okay, that'll work.
[01:37:01.600 --> 01:37:08.600]  You cannot use the Open Records Act to circumvent discovery.
[01:37:08.600 --> 01:37:17.600]  But if you don't have discovery, then you can use the Open Records Act.
[01:37:17.600 --> 01:37:24.600]  And it's better than discovery because a violation of the Open Records Act,
[01:37:24.600 --> 01:37:30.600]  they'll tell you that if somebody doesn't follow the rules, well, you can sue them.
[01:37:30.600 --> 01:37:32.600]  Well, yeah, you can do that.
[01:37:32.600 --> 01:37:41.600]  But 552.353 Texas Government Code says that a violation of the Open Government Act
[01:37:41.600 --> 01:37:47.600]  is a Class A misdemeanor, a misconduct.
[01:37:47.600 --> 01:37:49.600]  So go ahead.
[01:37:49.600 --> 01:37:54.600]  I recently told an Arlington clerk who had herself an attitude.
[01:37:54.600 --> 01:37:56.600]  I gave her an information request.
[01:37:56.600 --> 01:38:00.600]  When we asked her this, I prosecuted her, and first she said,
[01:38:00.600 --> 01:38:02.600]  you need to give that to the district attorney.
[01:38:02.600 --> 01:38:05.600]  I said, I don't need to do any such thing.
[01:38:05.600 --> 01:38:09.600]  I need to give it to the officer, to the custodian of the record,
[01:38:09.600 --> 01:38:15.600]  or to some representative of the custodian of the record, and that would be you.
[01:38:15.600 --> 01:38:17.600]  Well, I'll just send it to the district attorney.
[01:38:17.600 --> 01:38:19.600]  You just do anything you want to with it.
[01:38:19.600 --> 01:38:22.600]  But I'm going to be back here in 15 days.
[01:38:22.600 --> 01:38:28.600]  If I don't have a responsive answer, I will not be reasonable.
[01:38:28.600 --> 01:38:30.600]  I will not be understanding.
[01:38:30.600 --> 01:38:38.600]  I will expect your JP, your head municipal judge,
[01:38:38.600 --> 01:38:42.600]  to be arrested for Class A misdemeanor or misconduct.
[01:38:42.600 --> 01:38:44.600]  Do we understand each other?
[01:38:44.600 --> 01:38:47.600]  Yes, Mr. Kelton, we understand each other.
[01:38:47.600 --> 01:38:54.600]  So the Open Records Act, the Open Government Act, is a criminal statute.
[01:38:54.600 --> 01:38:58.600]  So have great fun with it.
[01:38:58.600 --> 01:39:00.600]  Great.
[01:39:00.600 --> 01:39:02.600]  Last question.
[01:39:02.600 --> 01:39:07.600]  When is it appropriate to go ahead and bargrieve in the county attorney for...
[01:39:07.600 --> 01:39:11.600]  Bargrieve them quick, bargrieve them often.
[01:39:11.600 --> 01:39:16.600]  I just got a response back yesterday that said,
[01:39:16.600 --> 01:39:21.600]  they got my bar grievance, but I did not...
[01:39:21.600 --> 01:39:25.600]  that the only thing they could discipline for was a violation
[01:39:25.600 --> 01:39:29.600]  of one of the professional standards.
[01:39:29.600 --> 01:39:34.600]  When I wrote the complaint in the verbiage of the standard,
[01:39:34.600 --> 01:39:38.600]  I accused her of violating.
[01:39:38.600 --> 01:39:40.600]  You filed a bar grievance.
[01:39:40.600 --> 01:39:43.600]  They're going to send you this letter back that effectively says,
[01:39:43.600 --> 01:39:48.600]  you can examine it into your accusation, find it does not rise to the level of misconduct.
[01:39:48.600 --> 01:39:49.600]  Right.
[01:39:49.600 --> 01:39:56.600]  So it don't matter, so file quick, file often.
[01:39:56.600 --> 01:39:58.600]  Okay.
[01:39:58.600 --> 01:40:02.600]  A bar grievance has nothing to do with anything else that's going on.
[01:40:02.600 --> 01:40:06.600]  A criminal complaint against one of them has nothing to do with the case
[01:40:06.600 --> 01:40:09.600]  that's being adjudicated.
[01:40:09.600 --> 01:40:17.600]  So the one doesn't affect the other, so there's no need for you to delay.
[01:40:17.600 --> 01:40:21.600]  I'm just creating new avenues to beat them with.
[01:40:21.600 --> 01:40:23.600]  You're like the criminal avenue.
[01:40:23.600 --> 01:40:25.600]  There's just one...
[01:40:25.600 --> 01:40:31.600]  They try to protect themselves and they do everything wrong.
[01:40:31.600 --> 01:40:35.600]  It takes a little bit, they'll realize that you're setting them up to do everything wrong,
[01:40:35.600 --> 01:40:40.600]  and that's when it really makes them crazy.
[01:40:40.600 --> 01:40:41.600]  All right.
[01:40:41.600 --> 01:40:42.600]  Watcher, appreciate it.
[01:40:42.600 --> 01:40:44.600]  Enjoyed the conversation with you.
[01:40:44.600 --> 01:40:45.600]  I'm going to let go of the next caller.
[01:40:45.600 --> 01:40:46.600]  Thank you very much.
[01:40:46.600 --> 01:40:47.600]  Okay.
[01:40:47.600 --> 01:40:48.600]  Thanks, Adam.
[01:40:48.600 --> 01:40:49.600]  And don't be a stranger.
[01:40:49.600 --> 01:40:53.600]  You are the reason I do this show.
[01:40:53.600 --> 01:40:55.600]  Thank you very much.
[01:40:55.600 --> 01:41:02.600]  There aren't many people that have the time or the wherewithal to go after these guys.
[01:41:02.600 --> 01:41:07.600]  And that's okay because, you know, everybody has their own motivations
[01:41:07.600 --> 01:41:11.600]  and issues they have to deal with.
[01:41:11.600 --> 01:41:14.600]  My whole purpose of this show is to find people like you.
[01:41:14.600 --> 01:41:21.600]  We only need one or two people in every county doing this, and we'll change everything.
[01:41:21.600 --> 01:41:24.600]  Well, I'm going to do my best to hold down my county.
[01:41:24.600 --> 01:41:29.600]  I'm south of I-10, south Texas, so you do have followers.
[01:41:29.600 --> 01:41:33.600]  What you all are doing is making an effect, I'll tell you that.
[01:41:33.600 --> 01:41:34.600]  Good.
[01:41:34.600 --> 01:41:37.600]  I just have to warn you about one thing.
[01:41:37.600 --> 01:41:43.600]  This can become way too much fun.
[01:41:43.600 --> 01:41:49.600]  I'm trying to figure out how I can start making money doing this because it is that much fun.
[01:41:49.600 --> 01:41:50.600]  Oh, it is great fun.
[01:41:50.600 --> 01:41:55.600]  And if you're up to filing suit against them, that's even more fun.
[01:41:55.600 --> 01:41:57.600]  Yeah.
[01:41:57.600 --> 01:42:05.600]  You'll find it's a whole different animal when you stop playing defense and go on the offense.
[01:42:05.600 --> 01:42:07.600]  Yeah, so that's my next game plan.
[01:42:07.600 --> 01:42:12.600]  I want to turn around and go on the offense because I think I've got enough.
[01:42:12.600 --> 01:42:13.600]  Okay.
[01:42:13.600 --> 01:42:21.600]  If you're thinking of taking action against them, look at what you want to do.
[01:42:21.600 --> 01:42:25.600]  You can look at what they're doing and kind of predict where they're going to screw up
[01:42:25.600 --> 01:42:28.600]  and then set them up for it.
[01:42:28.600 --> 01:42:36.600]  Set them up so that when the routine, when I run the routine, the whole purpose of the routine is
[01:42:36.600 --> 01:42:43.600]  when I get to the chief justice of the Supreme Court and ask him to take my criminal complaint,
[01:42:43.600 --> 01:42:45.600]  he's going to say, well, did you do this?
[01:42:45.600 --> 01:42:46.600]  I did that.
[01:42:46.600 --> 01:42:47.600]  Did you do this?
[01:42:47.600 --> 01:42:48.600]  I did that.
[01:42:48.600 --> 01:42:49.600]  Did you do this?
[01:42:49.600 --> 01:42:50.600]  I did that.
[01:42:50.600 --> 01:42:59.600]  I have touched on everything, when you get to a civil action, then you can say to the jury,
[01:42:59.600 --> 01:43:05.600]  this is what I did, I went to this place and this place and this place and this place and this place
[01:43:05.600 --> 01:43:14.600]  and you will establish a pattern of misconduct that a jury is more likely to identify with.
[01:43:14.600 --> 01:43:21.600]  So you want to know going in the door where you're going to end up and it makes it a whole lot easier
[01:43:21.600 --> 01:43:27.600]  to set them up and beat them down the garden path.
[01:43:27.600 --> 01:43:29.600]  Our war.
[01:43:29.600 --> 01:43:30.600]  Okay.
[01:43:30.600 --> 01:43:31.600]  Enjoy.
[01:43:31.600 --> 01:43:32.600]  Thank you, Adam.
[01:43:32.600 --> 01:43:35.600]  This is Randy Kelton, Rule of Law Radio.
[01:43:35.600 --> 01:43:39.600]  I call it number 512-646-1984.
[01:43:39.600 --> 01:43:40.600]  We're about to go to break.
[01:43:40.600 --> 01:43:47.600]  When we come back, I got Carlene from New York, Oliver in Tennessee, and Barrett in Arizona.
[01:43:47.600 --> 01:43:48.600]  Hang on, guys.
[01:43:48.600 --> 01:43:50.600]  We'll get to everybody.
[01:43:50.600 --> 01:43:59.600]  We'll be right back.
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[01:46:01.600 --> 01:46:21.600]  Okay, we are back.
[01:46:21.600 --> 01:46:26.600]  Randy Kelchin from Rule of Law Radio, and we're going to Carlene in New York.
[01:46:26.600 --> 01:46:28.600]  Hello, Ms. Carlene.
[01:46:28.600 --> 01:46:29.600]  Hi, Randy.
[01:46:29.600 --> 01:46:30.600]  How are you?
[01:46:30.600 --> 01:46:31.600]  I am good.
[01:46:31.600 --> 01:46:36.600]  I have some documents I just picked up from the post office today from you.
[01:46:36.600 --> 01:46:37.600]  Oh, sure.
[01:46:37.600 --> 01:46:40.600]  I wanted to know, yes, if you did receive them.
[01:46:40.600 --> 01:46:43.600]  I'm glad that you stare right at you.
[01:46:43.600 --> 01:46:46.600]  Yes, I do have them.
[01:46:46.600 --> 01:46:51.600]  What question do you have for us today?
[01:46:51.600 --> 01:46:54.600]  Well, actually, I did, yes, have a question.
[01:46:54.600 --> 01:46:56.600]  I'm just trying to figure out the right way to ask it.
[01:46:56.600 --> 01:47:03.600]  I guess as we go along, I'll mention, but back in August, around the end of August,
[01:47:03.600 --> 01:47:11.600]  I found, I don't know if it's relevant, but I found two articles about Aquin Loan Servicing,
[01:47:11.600 --> 01:47:17.600]  and they basically were talking about the fact that they don't know who owns the loan of a
[01:47:17.600 --> 01:47:22.600]  homeowner is when they take the loan and that it's securitized and everything like that.
[01:47:22.600 --> 01:47:30.600]  And I just, I looked into my parents' letter that Aquin sent them about a notice of servicing
[01:47:30.600 --> 01:47:35.600]  of transfer to Aquin, and that was dated for October 2013.
[01:47:35.600 --> 01:47:42.600]  And one of the letters was written in October 13, one of the articles by the lawyer is stating
[01:47:42.600 --> 01:47:44.600]  that Aquin doesn't own a loan.
[01:47:44.600 --> 01:47:54.600]  And what I was trying to put together was, does that affect that time period of 2013,
[01:47:54.600 --> 01:48:01.600]  because it was a lot of different, it was Aquin basically, a lot of homeowners were being faced
[01:48:01.600 --> 01:48:08.600]  with foreclosure, fraud foreclosure during that time period, and I guess improper transfer of
[01:48:08.600 --> 01:48:12.600]  their loan, and I didn't know if that affected what the...
[01:48:12.600 --> 01:48:16.600]  Yes, yes, that does affect it.
[01:48:16.600 --> 01:48:24.600]  This has been an issue people have been challenging for a long time, and the courts are corrupt,
[01:48:24.600 --> 01:48:27.600]  debunked and paid for by the banks.
[01:48:27.600 --> 01:48:36.600]  The problem is, they got this pesky thing called rule of law in the way, so they keep working
[01:48:36.600 --> 01:48:40.600]  ways to scoot around this issue.
[01:48:40.600 --> 01:48:48.600]  I just looked at a case out of Ohio today where the banks scooted around the issue.
[01:48:48.600 --> 01:48:56.600]  In order to address this issue, you have to ask the question the right way, and a way where
[01:48:56.600 --> 01:49:00.600]  they have no wiggle room.
[01:49:00.600 --> 01:49:10.600]  And the way I have settled on is, instead of making a claim, you ask the court to rule
[01:49:10.600 --> 01:49:15.600]  on a very finely focused point.
[01:49:15.600 --> 01:49:22.600]  Every state has a requirement that any claim against real property be properly acknowledged
[01:49:22.600 --> 01:49:26.600]  or proven and filed in the public record.
[01:49:26.600 --> 01:49:32.600]  And all of them essentially say the same thing, any claim against real property not filed
[01:49:32.600 --> 01:49:36.600]  in the public record is voidous to the holder.
[01:49:36.600 --> 01:49:46.600]  So, instead of saying that Aquin doesn't know who actually holds this loan, we go back and
[01:49:46.600 --> 01:49:51.600]  look at the public record, and what does the public record say?
[01:49:51.600 --> 01:50:00.600]  And generally, you find an original lender, and that original lender will most of the
[01:50:00.600 --> 01:50:02.600]  time will be out of business.
[01:50:02.600 --> 01:50:10.600]  The reason that happens is because these lenders are all part of a tax scam, a way they use
[01:50:10.600 --> 01:50:16.600]  these lenders, the banks for the special purpose vehicles set up these lenders, wrote these
[01:50:16.600 --> 01:50:22.600]  highly profitable loans, and then sold the loan to the special purpose vehicle at a loss
[01:50:22.600 --> 01:50:29.600]  so that the lender can write off this profit as a loss and then they bankrupt the business
[01:50:29.600 --> 01:50:31.600]  and they start another one.
[01:50:31.600 --> 01:50:36.600]  That way they hide the taxes for all of this profit, it's just a tax scam.
[01:50:36.600 --> 01:50:41.600]  Okay, that's the reason you have a lot of these guys out of business.
[01:50:41.600 --> 01:50:47.600]  So, you're looking at the record, and the one I looked at today, the original lender
[01:50:47.600 --> 01:50:56.600]  went out of business in 2007, and then in 2016, MERS transferred the beneficial interest
[01:50:56.600 --> 01:51:01.600]  in the security instrument to another party.
[01:51:01.600 --> 01:51:03.600]  Huh?
[01:51:03.600 --> 01:51:06.600]  So, how did you do that?
[01:51:06.600 --> 01:51:15.600]  He's a dead guy, the company was a person under law, well in 2007 the person died without
[01:51:15.600 --> 01:51:19.600]  transferring his interest to somebody else.
[01:51:19.600 --> 01:51:27.600]  So then in 2016, MERS comes along and decides to take this guy's beneficial interest and
[01:51:27.600 --> 01:51:28.600]  transfer it to somebody else.
[01:51:28.600 --> 01:51:40.600]  So, we go in and only look at the public record, who has a valid claim based on the public
[01:51:40.600 --> 01:51:42.600]  record.
[01:51:42.600 --> 01:51:52.600]  And we don't sue for any damages of any kind, we file an action asking the court to declare
[01:51:52.600 --> 01:51:59.600]  by the public record who can have a claim against this property.
[01:51:59.600 --> 01:52:03.600]  That's hard for them to get around.
[01:52:03.600 --> 01:52:07.600]  We don't care who actually has a claim.
[01:52:07.600 --> 01:52:15.600]  We don't even, we don't know who the holder is, the holder in due course, we don't care.
[01:52:15.600 --> 01:52:24.600]  We only care who can show by filings in the county recorder's office who holds a claim
[01:52:24.600 --> 01:52:27.600]  against this property.
[01:52:27.600 --> 01:52:30.600]  So, we do that with a declaratory judgment.
[01:52:30.600 --> 01:52:36.600]  Declaratory judgment does not ask for any damages.
[01:52:36.600 --> 01:52:43.600]  What happens when you file the action, the ACWIN is going to remove it to the federal
[01:52:43.600 --> 01:52:47.600]  court and file a rule 12 motion to dismiss a failure of state of claim on which a curfew
[01:52:47.600 --> 01:52:49.600]  can be had.
[01:52:49.600 --> 01:52:53.600]  Standard procedure.
[01:52:53.600 --> 01:53:00.600]  I had one in Texas where they did that and the judge dismissed it with prejudice for
[01:53:00.600 --> 01:53:03.600]  failure to state a claim.
[01:53:03.600 --> 01:53:05.600]  Well, duh.
[01:53:05.600 --> 01:53:08.600]  This is a petition for declaratory judgment.
[01:53:08.600 --> 01:53:12.600]  It does not have a claim.
[01:53:12.600 --> 01:53:16.600]  By law, there are no claims.
[01:53:16.600 --> 01:53:21.600]  So, I'm filing criminal charges against the federal judge who dismissed it.
[01:53:21.600 --> 01:53:24.600]  Smarty pants.
[01:53:24.600 --> 01:53:29.600]  So, what it does is get you around the rule 12 motion to dismiss.
[01:53:29.600 --> 01:53:35.600]  And the ACWIN is going to want to say, oh, yeah, well, we're the valid holder or we're
[01:53:35.600 --> 01:53:38.600]  an agent for the valid holder.
[01:53:38.600 --> 01:53:47.600]  And we're going to say, okay, prove that up by the public record.
[01:53:47.600 --> 01:53:50.600]  And they're not going to be able to do it.
[01:53:50.600 --> 01:53:54.600]  That's my story and I'm sticking to it.
[01:53:54.600 --> 01:53:55.600]  Oh, okay.
[01:53:55.600 --> 01:53:59.600]  So, even if a debt is owed, of course, you know, my parents' debt, you know, they said
[01:53:59.600 --> 01:54:02.600]  they haven't paid in five years.
[01:54:02.600 --> 01:54:04.600]  Would that still, they still charge?
[01:54:04.600 --> 01:54:07.600]  No, no, this is not about a debt.
[01:54:07.600 --> 01:54:11.600]  This is about a mortgage.
[01:54:11.600 --> 01:54:12.600]  Okay, you're in New York.
[01:54:12.600 --> 01:54:15.600]  New York is a judicial state.
[01:54:15.600 --> 01:54:19.600]  You have a mortgage and you have a note.
[01:54:19.600 --> 01:54:28.600]  Mortgage is kind of a confusing term because the entire transaction is called a mortgage,
[01:54:28.600 --> 01:54:30.600]  a residential mortgage.
[01:54:30.600 --> 01:54:36.600]  But within that transaction, there are three primary documents.
[01:54:36.600 --> 01:54:44.600]  A deed to the property, which the lender brings to you and trades to you for a note,
[01:54:44.600 --> 01:54:48.600]  a promissory note, and a mortgage.
[01:54:48.600 --> 01:54:53.600]  The mortgage is the lien against the property.
[01:54:53.600 --> 01:54:59.600]  The only thing you're addressing is the lien against the property.
[01:54:59.600 --> 01:55:01.600]  Oh, right.
[01:55:01.600 --> 01:55:05.600]  This doesn't affect the holder of the note.
[01:55:05.600 --> 01:55:08.600]  They still have a right to be paid.
[01:55:08.600 --> 01:55:18.600]  However, they don't have a right to exercise a claim against the property.
[01:55:18.600 --> 01:55:25.600]  You get this ruling and the property becomes unsecured.
[01:55:25.600 --> 01:55:30.600]  Now, the only way they can get to the property is they have to sue you personally
[01:55:30.600 --> 01:55:33.600]  or sue the heirs or the estate.
[01:55:33.600 --> 01:55:35.600]  Yeah, and that's what I'm more nervous about, them suing.
[01:55:35.600 --> 01:55:36.600]  No, don't worry about it.
[01:55:36.600 --> 01:55:38.600]  It's a lot of fun.
[01:55:38.600 --> 01:55:40.600]  They sue the estate.
[01:55:40.600 --> 01:55:43.600]  Then they have to get a, if they win in suing the state,
[01:55:43.600 --> 01:55:47.600]  then they get a claim against the estate.
[01:55:47.600 --> 01:55:53.600]  Then they have to ask the court to grant them a lien against the property
[01:55:53.600 --> 01:55:58.600]  and then allow them to liquidate the property to recover their claim.
[01:55:58.600 --> 01:56:01.600]  Well, banks don't want to have to go through all of that.
[01:56:01.600 --> 01:56:06.600]  Besides, they give you a 30-year mortgage on a property.
[01:56:06.600 --> 01:56:11.600]  They don't want you to be able to liquidate that property.
[01:56:11.600 --> 01:56:16.600]  So they want you to give them a mortgage that puts a claim against the property
[01:56:16.600 --> 01:56:23.600]  so that if anybody else tries to purchase it, you get paid off on your claim.
[01:56:23.600 --> 01:56:30.600]  So what we do with a declaratory judgment is we go after that claim,
[01:56:30.600 --> 01:56:32.600]  the claim against the property, not the note.
[01:56:32.600 --> 01:56:38.600]  Note's still out there, and this case doesn't affect the note.
[01:56:38.600 --> 01:56:45.600]  It only affects the claim against the property.
[01:56:45.600 --> 01:56:52.600]  It's a part of the, even lawyers seem to have a lot of trouble separating those two.
[01:56:52.600 --> 01:56:57.600]  When they say, oh, well, you can't come into my court and get a free property,
[01:56:57.600 --> 01:57:00.600]  we're not here to get a free property.
[01:57:00.600 --> 01:57:03.600]  This doesn't have anything to do with the note.
[01:57:03.600 --> 01:57:09.600]  This has to do with the deeds of trust, with the mortgage, the claim against your property.
[01:57:09.600 --> 01:57:18.600]  Your parents, when they issued this mortgage, they granted a privilege to the bank.
[01:57:18.600 --> 01:57:24.600]  The bank didn't have to sue your parents if there was a default.
[01:57:24.600 --> 01:57:27.600]  They could sue the property directly
[01:57:27.600 --> 01:57:32.600]  because your parents granted them a claim against the property.
[01:57:32.600 --> 01:57:36.600]  Without that claim, they would have to sue your parents,
[01:57:36.600 --> 01:57:42.600]  get a judgment, and then ask the court to grant a claim against the property.
[01:57:42.600 --> 01:57:44.600]  Well, they didn't want to have to go through all that,
[01:57:44.600 --> 01:57:49.600]  so your parents confessed a claim against the property.
[01:57:49.600 --> 01:57:52.600]  That's a privilege that the bank gets.
[01:57:52.600 --> 01:57:58.600]  Well, they only get to enforce that privilege or to enjoy the privilege
[01:57:58.600 --> 01:58:03.600]  if they follow all of the covenants in the contract,
[01:58:03.600 --> 01:58:08.600]  and one of them is giving notice.
[01:58:08.600 --> 01:58:11.600]  So, the short and long of it is,
[01:58:11.600 --> 01:58:15.600]  is you're just going after the claim against the property, not the note.
[01:58:15.600 --> 01:58:19.600]  The note's still back there, and it's still enforceable.
[01:58:19.600 --> 01:58:25.600]  Once you render that note unsecured, it gets really tough to enforce it.
[01:58:25.600 --> 01:58:27.600]  Hang on, about to go to break.
[01:58:27.600 --> 01:58:34.600]  Randy Kelton, Rule of Law Radio, our call in number 512-646-1984.
[01:58:34.600 --> 01:58:37.600]  Give us a call. We'll be taking your calls all night.
[01:58:37.600 --> 01:58:46.600]  We'll be right back.
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